JUDGMENT :

A. Introduction:

(1) The present issue, engaging the attention of this Court has a chequered history of litigation. Essentially, it revolves around the struggle relating to the promotion of Diploma holder Junior Engineer and Degree holder Junior Engineer to the post of Assistant Engineers in the Uttar Pradesh Public Works Department, wherein in the bandwagon, several other stake holders including the direct recruited Assistant Engineers, have also jumped to further complicate the whole issue. Evidently, the primary issue is relating to determination of vacancies arising in the direct and promotion quota for the period 1997-98 to 200304 and a secondary issue is relating to the manner this promotion quota can be filled in view of the prevailing United Provinces Services of Engineers (Building & Road Branch) Class-II Rules, 1936, its periodical amendment, Government Orders and most importantly the Judgments passed by this Court and the Hon’ble Supreme Court in that context.

(2) Although, several judgments and orders have been passed by this Court as well as the Hon’ble Sup