JUDGMENT :

1. Heard Sri Siddharth Khare, learned counsel for the petitioners and Sri Brajesh Pratap Singh, learned standing counsel for respondents.

2. Brief facts of the case are that Irrigation Department of State of U.P. has sent a requisition dated 20.10.1999 to Uttar Pradesh Public Service Commission (hereinafter referred to as the 'Commission') notifying 954 posts of Junior Engineer (Civil) to hold selection and in the notification dated 20.10.1999, it was clearly mentioned that posts are pension able. After receiving requisition, Commission issued an advertisement No. A- 3/E-1/2000 dated 22.12.2000 inviting application for Junior Engineer (Civil) Irrigation Department (Screening) Examination, 2000. Last date of submission form was 27.01.2001 and petitioners being fully eligible, have submitted the application. In the advertisment, it was provided that there would be preliminary screening test for selection of candidates to appear in the mains examination. However, subsequently aforesaid preliminary screening test was done away and all applicants permitted to appear straightway in the mains written examination which was held on 22.12.2001 and all the petitioners appeared in the