Neutral Citation No. - 2025:AHC-LKO:3850 Court No. - 5 Case :- WRIT - A No. - 377 of 2025 Petitioner :- Gaurav Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Irrigation And Water Resources Deptt. U.P. Lko. And Another Counsel for Petitioner :- Shambhoo Sharan Lal Srivastava,Ashish Srivastava Counsel for Respondent :- C.S.C.,Jogendra Nath Verma Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel appearing for respondent no.1, and Sri Jogendra Nath Verma, learned counsel for respondent no.2. 2. With the consent of learned counsels for the parties the writ petition is being decided finally. 3. Under challenge is the order dated 09.12.2024, a copy of which is Annexure-1 to the petition, whereby the claim of the petitioner for promotion to the post of Junior Engineer has been rejected. 4. The contention of learned counsel for the petitioner is that the petitioner is working as Tracer cum Surveyor since 19.08.2011 and is perfectly eligible for being promoted to the post of Junior Engineer considering Rule 5(2) of the Uttar Pradesh Sinchai Evam Jal Sansadhan Vibhag Avar Abhiyanta Sewa Niyamawali, 2015 (hereinafter referred to as the 'Niyamawali 2015'). 5. The contention is that the aforesaid Niyamawali categorically provides for 25% posts of Junior Engineers to be filled in by such Group 'C' employees who are working in the technical cadre and have completed 10 years of service on the first day of recruitment and who are eligible for being recruited directly to the post of Junior Engineer as per Rule 8 of the Niyamawali, 2015. 6. The contention is that despite the respondents themselves having declared the post of Tracer cum Surveyor as a technical post vide order dated 10.02.2015 passed by the Commissioner and Administrator, Ram Ganga Command Pariyojna, Kanpur, a copy of which is Annexure-6 to the petition, yet by means of the order impugned the claim of the petitioner for promotion to the post of Junior Engineer has been rejected on the ground that the post held by the petitioner i.e. Tracer cum Surveyor does not fall within the technical cadre. 7. The argument is that once the respondents themselves have declared the post of Tracer cum Surveyor in the technical cadre consequently there cannot be any ground for rejection of the claim of the petitioner on the aforesaid ground as has been taken by the respondents in the order impugned and thus it is prayed that the impugned order be set- aside with a further direction to the competent authority to reconsider the claim of the petitioner for promotion to the post of Junior Engineer. 8. On the other hand Sri Jogendra Nath Verma, learned counsel for respondent no.2, argues that subsequent to the order dated 10.02.2015, the respondent no.2 has sent a letter dated 20.01.2017, a copy of which is Annexure-28 to the petition, to the State Government seeking guidance as to whether there is any technical post in the cadre to which no reply has been received till date and thus it cannot be said that the post of Tracer cum Surveyor as is held by the petitioner would fall in the technical cadre more particularly when the clarification from the State Government has still not been received. It is also pointed out that earlier there were two units namely Ram Ganga Command Pariyojna and Sharda Sahayak Pariyojna which now stands merged in the year 2016 into one unit which is represented by respondent no.2. 9. The aforesaid argument of Sri Verma is found to be patently fallacious inasmuch as once the Commissioner and Administrator, Ram Ganga Command Pariyojna, Kanpur, has itself declared the post of Tracer cum Surveyor in the technical cadre consequently merely because the department has in its own wisdom sent a letter on 20.01.2017 to the State Government seeking clarification and no clarification has been received till date the non-receipt of a clarification would not make redundant the decision which has been taken by the Commissioner and Administrator, Ram Ganga Command Pariyojna, Kanpur earlier of declaring the post of Tracer cum Surveyor in the technical cadre. Thus, the ground taken in the order impugned dated 15.12.2024 of the post of Tracer cum Surveyor not being in the technical cadre so as to enable the petitioner to be considered for promotion to the post of Junior Engineer would run contra to the order passed by Commissioner and Administrator, Ram Ganga Command Pariyojna, Kanpur itself dated 10.02.2015 and would also be contrary to the Niyamawali, 2015. Even if a merger has taken place in the year 2016 the same would not enable the merged unit to resile from the earlier decision which has been taken by the Ram Ganga Command Pariyojna dated 10.02.2015 regarding classifying the post of Tracer cum Surveyor in the technical cadre. 10. Keeping in view the aforesaid discussion the writ petition is allowed. The order dated 15.12.2024, a copy of which is Annexure-1 to the petition, is quashed. The respondent no.2 is directed to consider the claim of the petitioner for promotion along with other eligible persons to the post of Junior Engineer in accordance with Niyamawali, 2015 as well as the discussion made above. 11. Let such consideration be done within a period of six weeks from the date of receipt of certified copy of this order. Order Date :- 21.1.2025 A. Katiyar Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench