JUDGMENT :

RAMESH SINHA, J.

1. Supplementary affidavit filed today on behalf of the appellant is taken on record.

2. Heard Sri. Gaurav Mehrotra, learned Counsel assisted by Sri. Akber Ahmad, learned Counsel for the appellant and Sri. Amitabh Rai, learned Additional Chief Standing Counsel for the State/respondents.

3. The instant intra Court appeal has been filed by the appellant, Giraja Shankar Tiwari, challenging the judgment and order of the learned Single Judge dated 16.08.2021 passed in Service Single No. 3659 of 2019, Giraja Shankar Tiwari vs. State of U.P. and Others, by which the writ petition filed by the writ petitioner/appellant herein was dismissed.

4. According to the appellant, he was appointed as District Agriculture Officer (Section-B) on 02.06.1970. Subsequently, he was promoted to the post of Deputy Director, Agriculture on 03.08.1986 and thereafter, he was promoted to the post of Joint Director, Agriculture on 08.07.2004. His terms and conditions of service were governed by U.P. Agriculture (Group-A Posts) Service Rules, 1992 (hereinafter referred to as ‘Rules 1992’) as amended from time to time. Rule 5 of Rules, 1992 provided the channel of promotion from the post of