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Showing contexts for: civil engineer in Anjani Kumar Misra Son Of Sudarshan ... vs State Of U.P. Through Secretary, Public ... on 3 November, 2006Matching Fragments
4. That vide order dated 30.6.1998 total 38 vacancies were filled up by way of promotion from Junior Engineer to Assistant Engineer pertaining to civil and technical branch. The photo stat copy of said order dated 30.6.1998 issued by the State Government is being filed herewith and is marked as Anneuxre No. S.C.A.-2 to this affidavit.
5. That by judgment dated 22.3.2002 passed by the Hon'ble Court in C.M.W.P. No. 42762 of 2000 Aruvendra Kumar (jarg and Ors. v. State of U.P. and Ors. and other connected petitions, the Rules 1987 and Rules 1997 whereby quota amongst Junior Engineer (Diploma holder) and Junior Engineer-degree holder was quashed. It is relevant to mention here that during pendency of said petitions the effect and operation of said Rules 1987 and 1997 was stayed by the Hon 'ble Court. It is further submitted that in CM. W.P. No. 53872 of 1999 Satyendra Pratap Singh v. 'The Chief Secretary and Ors., the Hon 'ble Court was pleased to pass an interim order dated 29.3.2000 whereby the Hon'ble Court directed the authority concerned to consider preferably within two months the case of petitioner for promotion to the post of Assistant Engineer on the basis of the Rules which were prevailing prior to 1987 Rules (since 1987 Rules have been stayed by this court). The photo stat copy of said interim order dated 29.3.2000 of the Hon'ble Court is being filed herewith and is marked as Annexure No. S.C.A.-3 to this supplementary counter affidavit. Similarly the Hon'ble Court in C.M.W.P. No. 18537 of 2000 Mukesh Kumar Thakur v. State of U.P. and in C.M.W.P. No. 1758 of 2000 Atibal Singh and Ors. v. State of U.P. and Ors. also was pleased to pass interim orders dated 17.5.2000 and 4.7.2000 respectively to the same effect.
8. That after passing of the aforesaid judgment dated 22.3.2002 of the Hon'ble Court the earlier Rules, 1936 and amendments made therein of 1959 and 1966 were accepted to be applicable. According to Rule 9(2) of Rules, 1966 (Amendment) eligibility condition was prescribed for promotion whereby the Junior Engineers having degree in Civil Engineering or Junior Engineer (Diploma) who had qualified the prescribed qualifying examination was made eligible for promotion. Since no diploma holder Junior Engineer had qualified the said qualifying examination hence their case for promotion was not considered.