Neutral Citation No. - 2025:AHC-LKO:40942 Court No. - 18 Case :- WRIT - A No. - 965 of 2025 Petitioner :- Ashok Kumar And Another Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Public Works Deptt. And 3 Others Counsel for Petitioner :- Gaurav Mehrotra,Utsav Mishra Counsel for Respondent :- C.S.C.,Dr. Deepti Singh,S M Singh Royekwar,Shireesh Kumar Hon'ble Manish Mathur,J. 1. Heard Mr. Gaurav Mehrotra, learned counsel for petitioners, learned State Counsel for opposite parties no.1 to 4 and Mr. Shireesh Kumar, learned counsel for opposite parties no.5. 2. Petition has been filed seeking a direction to authorities concerned to initiate process of promotion of petitioners from the post of Assistant Engineer (Civil) in P.W.D. Department to the post of Executive Engineer (Civil) as per existing seniority list dated 09.09.2016 of the Assistant Engineer (Civil) against the 113 vacancies existing on the post of Executive Engineer (Civil) in the P.W.D. Department. 3. Leaned counsel for petitioners submits that seniority list for the post of Assistant Engineer (Civil) has already been notified on 09.09.2016 and is undisputed in which the names of petitioners as well as opposite party no.5 also featured. It has been submitted that petitioners' are in fact direct recruits on the post of Assistant Engineer (Civil) whereas the opposite party no.5 had been promoted on the said post from the post of Junior Engineer in the year 2008. It is, therefore, submitted that since the seniority list dated 09.09.2016 has become final and vacancies on the next higher post of Executive Engineer (Civil) are already vacant and identified, such a process may be initiated. 4. Learned counsel appearing for opposite party no.5 does not dispute the fact that the seniority list dated 09.09.2016 pertaining to the post of Assistant Engineer (Civil) will play a role in determining promotional aspects to the post of Executive Engineer (Civil). It is also admitted that the said seniority list has attained finality. 5. Learned State Counsel on the basis of counter affidavit submits that earlier Writ-A No. 1511 of 2010, Prabodh Kumar Pathak versus State of U.P. and others was filed in which promotions from the post of Junior Engineers (Civil) to the post of Assistant Engineers (Civil) was under challenge since some of the incumbents on the said post were degree holders while others were diploma holders. The said petition was, thereafter, decided by means of judgment and order dated 31.05.2023. It is submitted that the said judgment was thereafter challenged in Special Appeal No. 294 of 2023, 296 of 2023, 360 of 2023, 699 of 2023, 606 of 2023 and 627 of 2023, which are still pending consideration and in which by interim order dated 19.07.2023, it has been provided that working of the appellants therein would not be disturbed. He has also adverted to paragraph-14 of the counter affidavit to submit that the process of promotion from the post of Assistant Engineer (Civil) to the post of Executive Engineer (Civil) has neither been stayed by order dated 31.05.2023 nor in the special appeals and the eligibility list is to be prepared for promotion on the basis of seniority list, in which the names of two Assistant Engineers namely Sunil Kumar Singh and Vishal Singh are also included who were earlier granted promotion on the post of Assistant Engineer (Civil) on 02.08.2008 but have been ordered to be cancelled vide judgment dated 31.05.2023. 6. Upon consideration of submissions advanced by learned counsel for parties, it is thus evident that there is no restriction placed by any judgment and interim order of this Court with regard to seniority list dated 09.09.2016 for the post of Assistant Engineer (Civil) which will be the basis for further promotion on the post of Executive Engineer (Civil). It appears that the Engineer-in-Chief/Head of Department of the P.W.D. Department by means of letter dated 15.01.2025 has also made the State Government aware with regard to such an aspect and has also indicated that there are 113 vacancies on the post of Executive Engineer (Civil) and 76 further posts are also going to be vacant and therefore, due to urgency in the matter, it has been requested that decision may be taken expeditiously. 7. In view of aforesaid facts and circumstances and admitted situation, the opposite party no.1 i.e. Principal Secretary, Public Works Department, U.P. Civil Secretariat, Lucknow is directed to take a decision with regard to initiation of process for promotion on the post of Executive Engineer (Civil) in the P.W.D. Department in terms of the seniority list dated 09.09.2016 of the post of Assistant Engineer (Civil). The said authority shall also take into consideration the letter dated 15.01.2025 written by the Engineer-in-Chief/Head of Department specifically with regard to the observations made pertaining to two vacancies for Mr. Sunil Kumar Singh and Mr. Vishal Singh in terms of decision pending before this Court. 8. Decision with regard to initiation of such process shall be taken by the concerned authority within a period of two months from the date a certified copy of this order is served upon the said authority. 9. With aforesaid directions, petition stands disposed of. Order Date :- 17.7.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench