Neutral Citation No. - 2025:AHC-LKO:9152 Court No. - 5 Case :- WRIT - A No. - 683 of 2025 Petitioner :- Vinay Kumar Shakya And Another Respondent :- State Of U.P. Thru. Prin. Secy. Irrigation And Water Resources Deptt. 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 petitioners, learned Standing Counsel and Shri Jogendra Nath Verma, learned counsels for the respondents. 2. With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided. 3. By means of the order impugned dated 07.01.2024, a copy of which is annexure 1 to the writ petition, the claim of the petitioners for promotion as Junior Engineer has been rejected on the ground that as the amended rules are proposed consequently it has not been found feasible to consider the claim of the petitioners for promotion as Junior Engineer. 4. The argument of learned counsel for the petitioners is that the existing rules provide for 25% of the post of Junior Engineer to be filled by promotion through a selection committee from amongst substantially appointed Assistant Soil Conservation Inspector and employees of group C (technical cadre) who have completed 10 years of service and the petitioners are perfectly eligible for the same. 5. However the claim has been rejected by means of order impugned dated 07.01.2025 on the ground that the amended rules are proposed. 6. It is contended that even if certain rules have been proposed yet the same have not seen the light of the day after being approved by the state government consequently the same cannot be a ground for not considering the claim of the petitioners for promotion. 7. Responding Shri Jogendra Nath Verma, learned counsel for the respondent no. 2 states that through a letter dated 30.01.2025 the State Government has been required to clarify as to the quota, if any, towards 25% quota for promotion amongst the Assistant Soil Conservation Inspectors and the employees of the group C (technical cadre) as their quota is 25% and it has not been segregated. 8. The aforesaid argument of Shri Jogendra Nath Verma is found to be patently fallacious in as much as the said letter and ground does not find place in the order impugned dated 07.01.2025. Further, as already indicated above the claim of the petitioners for promotion has been rejected solely on the ground that the amendment in the rules are proposed and admittedly the said amendment has still not seen the light of the day after being approved by the State Government meaning thereby the earlier rules still continue to exist. Consequently the aforesaid grounds do not impress the Court so as to justify the order impugned. 9. Even otherwise the new ground which is sought to be taken by means of the instructions cannot be said to be valid in the eyes of law keeping in view the judgement of Hon'ble Supreme Court in the case of Mohinder Singh Gill and another vs the Chief Election Commissioner, New Delhi and another, AIR 1978 AIR 851. 10. Considering the aforesaid discussion, the writ petition is allowed. 11. The order impugned dated 07.01.2025, a copy of which is annexure 1 to the writ petition, is quashed. 12. The respondents are directed to consider the claim of the petitioners for promotion of the petitioners on the post or Junior Engineer strictly in accordance with law and the rules alongwith other eligible candidates. 13. Let such consideration be made as per law within a period of eight weeks from the date of receipt of a certified copy of this order. Order Date :- 12.2.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench