Ravindra Kumar and Others vs State of U.P. Thru. Prin. Secy. P.W.D. U.P. Govt. Lko. and 87 Others

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Reserved on:-30.01.2026 Delivered on:-08.04.2026

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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SPECIAL APPEAL No. - 66 of 2024

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Ravindra Kumar and others

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…..Appellant(s)

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Versu s

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State of U.P. Thru. Prin. Secy. P.W.D.U.P. Govt. Lko. and 87 others

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…..Respondent(s) Counsel for Appellant(s) : Sameer Kalia, Srideep Chatterjee Counsel for : C.S.C., Ashok Kumar Verma, Respondent(s) Azam Shafeequi, Priyanshu Shukla, Raj Kumar Upadhyaya (r.k.upadhyaya), Ratnesh Chandra, Sanjai Ram, Shobhit Mohan Shukla, Swati Bisaria, Viplav Sahu

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Along with :

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Special Appeal No. 350 of 2023: Kishan Kumar and another

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1. Versus

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State of U.P. Thru. Prin. Secy. Public Works Deptt. U.P. Lko. and 10 others

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2. Special Appeal No. 351 of 2023: Shiv Mangal Kumar and 2 others

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Versus

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State of U.P. Thru. Addl. Chief Secy. Public Works

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2

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SPLA No. - 66 of 2024

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Deptt. and 8 others

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Special Appeal No. 60 of 2026: Ravindra Kumar and 3 others

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3. Versus

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State of U.P. Thru. Prin. Secy. P.W.D.Lko and 10 others

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Court No. - 1

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HON’BLE RAJAN ROY, J. HON’BLE ABDHESH KUMAR CHAUDHARY, J.

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(Per: Rajan Roy, J.)

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1. Heard Shri Upendra Nath Mishra, learned Senior Counsel assisted by Shri Srideep Chatterjee, learned Counsel for the appellants in Special Appeal No.66 of 2024; Special Appeal No.60 of 2026 and Special Appeal No.350 of 2023, Shri Sameer Kalia, learned senior counsel assisted by Ms. Ashita Mangal Agarwal, learned counsel for the appellants and Shri G.C. Verma, learned Senior Advocate assisted by Shri Raj Deepak Chaudhary, learned Counsel for the respondent Nos.4 to 8 in Special Appeal No.351 of 2023, Ms. Praguti Singh, Advocate holding brief of Shri Raj Kumar Upadhyaya, learned counsel for respondent no.4 in Special Appeal Nos.66 of 2024, 350 of 2023 and 60 of 2026, Shri Ratnesh Chandra, learned counsel for respondent nos.6 and 8, Shri Azam Shafeequi, learned counsel for the respondent no.17 in Special Appeal No.66 of 2024 and Shri L.P.

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3

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SPLA No. - 66 of 2024

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Mishra, learned counsel assisted by Shri Ashok Kumar Verma, learned counsel for respondent nos.30 and 31 in Special Appeal No.66 of 2024 and Shri Pritish Kumar, learned Additional Advocate General assisted by Shri Nishant Shukla, learned Additional Chief Standing Counsel for the State-respondents.

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2. This is a bunch of special appeals wherein Special Appeal No.66 of 2024 has been treated as leading case which has been filed challenging the judgment and order dated 29.02.2024 passed in Writ A No.1600 of 2024 (Ravindra Kumar and Others vs. State of U.P. and Others).

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3. Special Appeal No.350 of 2023 and Special Appeal No.60 of 2026 have been filed challenging the judgment and order dated 04.07.2023 passed in Writ A No.3814 of 2022 (Krishan Kumar and Another vs. State of U.P. and Others) and Special Appeal No.351 of 2023 has been filed challenging the judgment and order dated 04.07.2023 passed in Writ A No.1514 of 2022 (Shiv Mangal Kumar and Another vs. State of U.P. and Others).

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4. All the appellants before us are direct recruits who posses the qualification of diploma in civil engineering

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4

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SPLA No. - 66 of 2024

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and claim to be working on the post of Junior Engineer (Technical) in the Public Works Department and also claim that they are eligible for being considered for promotion against 5% promotional quota for Junior Engineer (Technical) to the post of Assistant Engineer under the U.P. Public Works Department Group-B Civil Engineering Service Rules, 2004 (hereinafter referred to as ' Rules, 2004 ').

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5. Private respondents claim to have been promoted to the post of Computer/Junior Engineer (Technical) in the same department and also claim eligibility for being considered for further promotion to the post of Assistant Engineer aforesaid.

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6. It is on account of inclusion of names of private respondent in the eligibility list for consideration for promotion to the post of Assistant Engineer in the year 2022 i.e. for the recruitment year 2021-22 that appellants-petitioners claimed cause of action and locus standi to maintain the writ petitions out of which these appeals arise inter-alia challenging private respondents' promotion to the post of Computer/Junior Engineer (Technical), their inclusion in the eligibility list for consideration and other ancillary orders/reliefs.

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SPLA No. - 66 of 2024

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7. It is not out of place to mention that before the Writ Court inclusion of the private respondents in the seniority of Computer/Junior Engineer (Technical) was also put to challenge by a separate writ petition which at some stage was ordered to be de-linked from the other writ petitions out of which these appeals arise and the said writ petition challenging seniority of the private respondents is still pending before the learned Single Judge.

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8. The contention of the appellants' Counsel in nutshell was that the very promotion of the private respondents to the post of Computer/Junior Engineer (Technical) in the Public Works Department, without being promoted on the intervening post of Head Draftsmen which had come into existence consequent to a rule framed in this regard namely Uttar Pradesh Sarvajanik Nirmaan Vibhaag Rekhankan Adhisthaan Sewa Niyamawali, 1984 (for short ‘ Rules, 1984 ’) which superseded the Sarvajanik Nirman Vibhag Sangdak Sewa Niyamawali, 1968 (for short ' Rules, 1968 ') in the event of inconsistency was dehors the said rules. This apart, private respondents not having the qualification of diploma in engineering could not be designated as Junior Engineer (Technical) nor promoted on the said post of Assistant Engineer in view of the

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conditions stipulated in the Government Order dated 16.06.1973 which is the only order regulating conditions of service on the post of Junior Engineer (Technical) in the Public Works Department.

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9. It was further contended that only such Junior Engineer (Technical) in the Public Works Department who posses the qualification of diploma could be considered for promotion to the next higher post of Assistant Engineer and this is evident from the Government Order dated 16.06.1973 by which all personnel who possesed the qualification of diploma in engineering they alone were to be designated as Junior Engineer, none else. It is based on this Government Order dated 16.06.1973 that appellants came to be directly recruited on the post of Junior Engineer (Technical) and are also entitled to the next promotional pay scale of Assistant Engineer under the Assured Career Progression Scheme and financial upgradations therein, whereas, the Computer/Junior Engineer (Technical) or those who have been designated as Junior Engineer (Technical) without the qualification of diploma in engineering, are not entitled to the same.

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10. According to the appellants, in the past 50 years not once any Computer or so called Junior Engineer

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SPLA No. - 66 of 2024

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(Technical) who did not posses the qualification of diploma in engineering was considered for promotion to the post of Assistant Engineer what to say of being promoted to the said promotional post, therefore, inclusion of names of private respondents in the eligibility list for such consideration for the first time in the year 2022 was without any factual and legal basis.

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11. Per contra, learned Counsel for the respondents submitted that there is no such stipulation in any rule that a Junior Engineer (Technical) in order to be considered for promotion to the post of Assistant Engineer in the Public Works Department should posses the qualification of diploma in engineering although, there is specific stipulation in this regard in the service conditions regulated by the Rules, 2004 pertaining to Junior Engineer (Civil). The work and responsibilities being performed by the appellants-petitioners and the private respondents being the same, they form a homogeneous class and cannot be treated differently in the matter of consideration for promotion.

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12. It was emphasized by the Counsel for the private respondents that qualifications are prescribed in the matter of direct recruitment and it is seldom that such

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8

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SPLA No. - 66 of 2024

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qualifications are prescribed for promotee officers. The private respondents having been promoted from the post of Draftsmen to the post of Computer/Junior Engineer (Technical) have sufficient experience which entitles them to be considered for promotion to the next higher post of Assistant Engineer.

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13. Further, according to them, the private respondents figure higher in the seniority list of the post of Junior Engineer (Technical), therefore, this also is a factor which goes in favour of the private respondents. Equivalence of the I.T.I. certificate qualification possessed by the private respondents with that of diploma in engineering was also emphasized based on certain government orders issued subsequent to the preparation of the eligibility list. A Government Order of 1961 was emphasized to contend that the qualification of the private respondents also pertain to the engineering trade.

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14. Shri G.C. Verma, learned Senior Advocate appearing for some of the respondents in one of the appeals submitted that his clients posses the qualification of diploma in engineering.

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SPLA No. - 66 of 2024

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15. The State Counsel was confronted with the State's shifting stand in different counter affidavits whereupon he fairly stated that the stand of the State Government is what it is in the several counter affidavits filed before the Writ Court and in the pleadings before the Appellate Court. We find that the pleadings of the State Government at one place i.e. before the Writ Court, supports the stand of the appellants-petitioners whereas at other places including its stand in these appeals supports the claim of the private respondents. No satisfactory explanation could be offered for this irreconcilable stand of the State Government.

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16. Lengthy arguments were advanced by Counsel for the parties, however, for the reason which will be apparent from what follows hereinafter, we need not enter into consideration of such detailed arguments. We may straightway refer to the impugned judgment dated 04.07.2023 which is the main judgment containing the reasons for dismissal of the writ petitions filed by the appellants-petitioners. The subsequent judgment dated 29.02.2024 merely follows what has been stated in the judgment dated 04.07.2023.

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17. On a perusal of the said judgment, we find that it runs into 38 paragraphs, however, from paragraph No.1 to 32, facts of the case and contentions of rival parties have been noticed and the reasons which prevailed upon the learned Single Judge to dismiss the writ petitions have been mentioned only in paragraphs No.33 to 38, we, therefore, quote paragraphs No.33 to 38 of the impugned judgment dated 04.07.2023 which are as under:-

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"33.I have considered the submissions advanced on behalf of the learned counsel for the parties and perused the record.

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34. The eligibility for promotion to the post of Assistant Engineer (Civil) as per Rule 5 of Rules, 2004 is seven years substantive service on the post of Junior Engineer (Technical)/Computer on the basis of seniority subject to rejection of unfit. The petitioners and the private opposite parties belonging to one cadre i.e. Junior Engineer (Technical). The petitioners were directly appointed to the post of Junior Engineer (Technical)/Computer, whereas the private opposite parties were promoted to the said post under the Rules, 1968. There is a common seniority list, which remains unchallenged.

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35. In view thereof, I do not find much substance in the submission of Sri Kalia, learned Senior Counsel for the petitioners that after enactment of Rules, 1984, Rules, 1968 got omitted. Rules, 1968 provide eligibility and the procedure for

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SPLA No. - 66 of 2024

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promotion to the post of Junior Engineer (Technical)/Computer from the post of Draftsman. Under Rules, 1984, one more avenue of promotion to the Draftsman i.e. Head Draftsman has been created, but the Rules, 1968 are not rescinded and very much in existence in the statute book. After promotion of the opposite parties from the post of Draftsman to the post of Junior Engineer (Technical)/Computer, the cadre of the petitioners and such promotees of Junior Engineer (Technical), became one i.e. the cadre of Junior Engineer (Technical). There cannot be a class within class for the purpose of further promotion.

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36. The Court cannot lay down a new qualification for promotion, which is not prescribed under the statute/relevant service rules. This Court in Writ-A No.15161 of 2021 filed by the direct appointees of Junior Engineer (Technical), had given direction for forwarding the names of eighteen eligible candidates from the final seniority list of Junior Engineer (Technical)/Computer to the Public Service Commission for promotion to the post of Assistant Engineer (Civil). In compliance of the said direction, names of opposite parties, who are eligible for promotion, have been included in the impugned requisition sent to the Public Service Commission for promotion. I do not find that said requisition suffers from any illegality or is against the statutory prescription.

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37. In view thereof, I find no error in the impugned requisition dated 28.5.2022 as it has been sent strictly as per the mandate of Rule 5(2) of Rules, 2004.

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SPLA No. - 66 of 2024

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38. Accordingly, I do not find any substance in Writ-A Nos.3814 of 2022 and 1514 of 2022, which are hereby dismissed, whereas Writ-A No.1305 of 2022 is allowed."

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18. After hearing learned Counsel for the parties and perusing the records, we find that the entire judgment which is impugned before us is based on incorrect factual premises. It does not take into consideration relevant issues which were raised in the pleadings and during course of arguments. The very first line of paragraph No.34 of the impugned judgment refers to the post of Junior Engineer (Technical)/Computer with reference to the Rules, 2004 i.e. the rules pertaining to promotion to the post of Assistant Engineer, however, there is no mention of the post of Computer in the said Rules, 2004. The learned Single Judge appears to have proceeded on an incorrect premise as if the Rules, 2004 contained a provision in Rule 5 thereof for promotion of Junior Engineer (Technical)/ Computer to the post of Assistant Engineer on the basis of seniority subject to rejection of unfit whereas we find that the said rules mentions only about Junior Engineer (Technical) and not about Computer.

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SPLA No. - 66 of 2024

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19. Thereafter, the learned Single Judge has recorded in the same paragraph that the petitioners and the respondents before him belong to one cadre i.e. Junior Engineer (Technical). The petitioners were directly appointed to the post of Junior Engineer (Technical)/Computer whereas the respondents were promoted to the said post under the Rules, 1968. There is a common seniority list which according to the learned Single Judge remains unchallenged. This is an apparent factual error as a writ petition challenging the seniority of respondent-promotees bearing Writ A No.2955 of 2022 was initially clubbed with the writ petitions which have been decided by learned Single Judge but at some stage was de-linked in pursuance to an order dated 27.04.2023, therefore, this factual recital in the impugned judgment is also incorrect. This apart, the learned Single Judge has lost sight of the fact that the appellants-petitioners at least in one of the writ petitions had challenged the very promotion/designation of the private respondents before us as Junior Engineer (Technical) as they did not posses the qualification of diploma but this fact of the matter has not at all been addressed by the learned Single Judge.

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SPLA No. - 66 of 2024

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20. Based on the observation made in paragraph No.34, the learned Single Judge has proceeded to conclude that in view of the said recitals he did not find much substance in submission of the learned Counsel for the appellants-petitioners that after enactment of the Rules, 1984, Rules 1968 got omitted. The Rules, 1968 provide eligibility and the procedure for promotion to the post of Junior Engineer (Technical)/Computer from the post of Draftsmen. He has further observed that under Rules, 1984 one more avenue of promotion to the post of Draftsmen i.e. Head Draftsmen has been created but the Rules, 1968 are not reseeded and are very much in existence in the statute. After promotion of the private respondents from the post of Draftsmen to the post of Junior Engineer (Technical)/Computer, the cadre of the appellants-petitioners and such promotees of Junior Engineer (Technical), became one i.e. the cadre of Junior Engineer (Technical). He has then observed that on account of this there cannot be a class within a class for the purposes of further promotion. Now, the learned Single Judge has apparently missed the woods for the trees. The very case of the appellants-petitioners was that their initial promotion on the post of Computer itself was bad in law as they were being promoted on the

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SPLA No. - 66 of 2024

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intervening post of Head Draftsmen which came into existence on reorganization of Draftsmen by the Rules of 1984 referred hereinabove. The relevant provision of the Rules, 1984 including the provision which mentions that the earlier rules on the subject stood superseded have not been appropriately considered to arrive at a considered decision as to what was the affect of the Rules, 1984 on the promotional avenues of Draftsmen whether they could directly be promoted as Computers or they had first of all to be considered and promoted to the post of Head Draftsmen. We do not express any opinion on this aspect as we find that the learned Single Judge has not considered this aspect appropriately, therefore, he should consider the same first and foremost, subject of course to the objection, if any, of the private respondents as regards the very maintainability of the petition challenging their promotion to the post of Computer or Junior Engineer (Technical) as the case may be.

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21. The learned Single Judge has lost sight of the fact that very promotion of the private respondents to the post of Computer/Junior Engineer (Technical) or their

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SPLA No. - 66 of 2024

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designation as such was under challenge but has not expressed any opinion on the same.

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22. Further, reliance placed by the appellants-petitioners upon the Government Order dated 16.06.1973, according to which, only such Computers in the Public Works Department as would be evident from a conjoint reading of the body of the said Government Order with the appendix annexed with it, would be designated as a Junior Engineer (Technical) who posses the qualification of diploma in engineering and the assertion of the appellants-petitioners that none of the private respondents posses such qualification, therefore, they could not be promoted or designated as Junior Engineer (Technical) nor could they be included in the list of eligible persons for being considered for promotion to the post of Assistant Engineer in the Public Works Department merely because in the seniority list they had been placed above the appellants-petitioners that too erroneously which was also the subject matter of a separate writ petitions has also not been considered and this aspect has been lost sight of by the learned Single Judge.

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23. In fact, though he has noticed the arguments in the preceding paragraphs he has for some inexplicable reasons not considered the same while recording his conclusions or reasons for dismissing the writ petition.

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24. In paragraph No.36 of the impugned judgment, the learned Single Judge has stated that the Court cannot lay down a new qualification for promotion which is not prescribed under the statute/relevant service rules. Here again, the learned Single Judge appears to have erred. The appellants-petitioners are relying on the Government Order dated 16.06.1973 to contend that the qualification of diploma is a must for promotion or designation as Junior Engineer (Technical) in the Public Works Department and there are no separate rules governing the terms and conditions of service of Junior Engineer (Technical) but the learned Single Judge has proceeded on the premise as if the Court was being asked to lay down any such qualification.

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25. In this context, the appellants-petitioners rely upon the provisions contained in the rules pertaining to Junior Engineer (Civil) which do prescribe the qualification of diploma and based thereon, it is contended that one cannot fathom a situation where a person is not even a

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diploma in engineering gets promoted to the post of Assistant Engineer. The learned Single Judge has lost sight of the fact that there are no rules governing the terms and conditions of service of the post of Junior Engineer (Technical), therefore, what would be the impact of absence of such rules on the issues pending consideration before him.

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26. The learned Single Judge has then referred to the judgment passed in Writ A No.15161 of 2021 filed by the direct recruits similarly situated to the appellantspetitioners wherein directions have been given for forwarding the names of eighteen eligible candidates from the final seniority list of Junior Engineer (Technical)/Computers to the Public Service Commission for promotion to the post of Assistant Engineer (Civil). It has then been recorded in the impugned order that in compliance of the said directions names of respondents in the writ petition who are eligible for promotion have been included in the impugned requisition sent to the Public Service Commission for promotion and the learned Single Judge did not find that the said requisition suffers from any illegality or is against the statutory prescription.

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27. First and foremost, in this context, learned Counsel for the appellants-petitioners invited our attention to the judgment passed in Writ A No.15161 of 2021 which according to him, has been misread by the learned Single Judge as in the judgment passed in the said writ petition reference has been made to a 'note' made on the recommendation made on 24.08.2021 that promotion process on eighteen vacant posts had been put on hold for finalization of the seniority list. A copy of the said note is on record, according to which, only direct recruits on the post of Junior Engineer (Technical) had been included in the eligibility list and that no eligible person had been left out, therefore, according to the Counsel for the appellants-petitioners, the learned Single Judge has misread this note and the judgment referred. Moreover, none of the contentions of the appellants-petitioners though noticed in the earlier part of the judgment have been considered while giving reasons for dismissal of the writ petition.

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28. We find merit in this submission as regards non consideration of relevant pleas and issues which were involved and required a decision. In fact, we find that the pleas raised by the private respondents including the

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State Government though referred in earlier portion of the judgment has nowhere been considered in paragraphs Nos.33 to 38. The entire judgment suffers from non consideration of relevant issues and pleas raised before the Writ Court. In fact, it is based on incorrect factual premises. Surprisingly, the learned Single Judge has even observed in paragraph No.36 that respondents before him are eligible for promotion whereas this was the very challenge before him. He has not given any reason as to on what basis he has found them to be eligible without considering the pleas by the appellants-petitioners in this regard. Of course, we do not record any opinion as to their eligibility or ineligibility as the learned Single Judge himself has not considered the same.

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29. As regards the assertion of Shri Verma that his clients who are respondents in one of the appeals already posses the qualification of diploma in engineering, therefore, there is no impediment in their consideration for promotion to the post of Assistant Engineer, we find that this would also have to be considered by the learned Single Judge alongwith other relevant issues and aspects as discussed hereinabove as their claim cannot be

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considered in isolation bereft of a decision on other aspects and challenges raised by the appellants as discussed especially in view of the stand of the State Government noticed hereinabove.

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30. In view of the above discussion/observations, we set aside the impugned judgments. The appeals are allowed .

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31. All the writ petitions bearing Writ A No.1600 of 2024, Writ A No.3814 of 2022, Writ A No.351 of 2023 and Writ A No.1514 of 2022 shall stand restored and shall be listed before the learned Single Judge on April 20th, 2026 for a consideration afresh.

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32. We request the learned Single Judge to consider and dispose of the writ petitions at the earliest say within a period of three months.

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33. Considering the fact that there are no rules governing the terms and conditions of service on the post of Junior Engineer (Technical), though there is a Government Order dated 16.06.1973, according to which, only those who posses the qualification of diploma in engineering were to be designated as Junior Engineers and there is nothing on record to suggest even remotely

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that any person who may have been

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designated/promoted as Computer/Junior Engineer (Technical) without possessing the qualification of diploma was ever considered and promoted to the post of Assistant Engineer in Public Works Department and as the amendment in the relevant rules in this regard is pending consideration before the State Government for quite long and as the State Government has not been able to satisfy us on its shifting stand in the matter which requires consideration by the Writ Court, therefore, it is in the fitness of things that till disposal of the above-mentioned writ petitions, interim order granted by this Court on 05.04.2024 in Special Appeal No.66 of 2024 should continue to operate till disposal of the said writ petitions. It is Ordered, accordingly.

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(Abdhesh Kumar Chaudhary,J.) (Rajan Roy,J.) April 08, 2026 -Piyush-

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Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Ravindra Kumar and Others v. State of U.P. Thru. Prin. Secy. P.W.D. U.P. Govt. Lko. and 87 Others

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Ravindra Kumar and Others v. State of U.P. Thru. Prin. Secy. P.W.D. U.P. Govt. Lko. and 87 Others

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