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2023 Supreme(All) 1485

DINESH KUMAR SINGH
Kishan Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sameer Kalia, Srideep Chatterjee, Girish Chandra Verma,Abhishek Kumar Pandey
For the Respondent: Raj Kumar Upadhyaya (R.K.Upadhyaya), Ratnesh Chandra, Tushar Verma, Ashok Shukla, Sameer Kalia and Girish Chandra Verma

JUDGMENT :

1. The core controversy involved in the present batch of writ petitions is promotion on the post of Assistant Engineer (Civil) in the U.P. Public Works Department under 50% quota as provided under the Uttar Pradesh Public Works Department “Group-B” Civil Engineering Service Rules, 2004 (for short ‘Rules, 2004’).

2. These writ petitions have been filed by the petitioners, who are Junior Engineers (Technical). The cadre of Junior Engineer (Technical) is consisting of two sets of Junior Engineers (i) Junior Engineer (Technical)/Computers having been appointed under the Sarvajanik Nirman Vibhag Sangdak Sewa Niyamawali, 1968 (for short ‘Rules, 1968’) in the U.P. Public Works Department, who were directly recruited as Junior Engineer (Technical)/Computers through U.P. Public Service Commission; and (ii) who were initially appointed as Draftsman having two years Engineering Diploma in any trade (Civil/Mechanical/Draftsman) from Industrial Training Institute (ITI) or any other qualification as prescribed under the Rules, 1968 and, as per the provisions contained in Part-VI (Rule 19) of the Rules, 1968, who got promoted as Junior Engineer (Technical) under 20% quota prescribed for

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