Neutral Citation No. - 2025:AHC-LKO:40942 Court No. - 18 Case :- WRIT - A No. - 8717 of 2023 Petitioner :- Sunil Kumar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Public Works Deptt. Govt. U.P. Lucknow And Another Counsel for Petitioner :- S M Singh Royekwar,Shireesh Kumar,Sumeet Tahilramani,Utkarsh Kumar Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard Mr. Shireesh Kumar, learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed seeking a direction to opposite parties to consider case of petitioner for promotion on the post of Executive Engineer (Civil) in the Public Works Department w.e.f. 30.06.2022 by opening the sealed cover, which was adopted against petitioner in the Departmental Promotion Committee and for giving effect to the recommendations made in pursuance of which persons junior to petitioner have already been promoted on 30.06.2022. Consequential benefits as made available to such juniors has also been sought. 3. In the present case, it appears from records that petitioner was appointed as Junior Engineer (Civil) in the P.W.D. Department and was promoted on the post of Assistant Engineer (Civil) in the year 2008, which was cancelled leading to filing of Writ-A No. 1511 of 2010, Prabodh Kumar Pathak versus State of U.P. and others in which promotions from the post of Junior Engineers (Civil) to the post of Assistant Engineers (Civil) were 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 Appeals 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 and dated 31.05.2023. 4. In the present case, it is evident that dispute pertained for the post of Junior Engineer (Civil) in the disciplines of diploma versus degree. The said dispute was thereafter adjudicated upon by this Court vide judgment and order dated 31.05.2023 as indicated hereinabove and has been challenged in special appeals. It also appears from the letter of the Engineer-in- Chief/Head of Department of the P.W.D. Department dated 15.01.2025 that recommendation has been made for keeping two posts vacant for consideration of petitioner's case for promotion. It also appears that petitioner has also admitted the fact that the seniority list dated 09.09.2016 featuring the name of petitioner has also attained finality. 5. In the Counter affidavit filed on behalf of State, it has been admitted that the name of petitioner was considered for promotion on the post of Executive Engineer (Civil) for the selection year 2022-23 held on 27.09.2022 but since there is departmental proceedings against petitioner initiated vide order dated 02.08.2019, as such recommendations pertaining to petitioner were kept in sealed cover and other candidates otherwise found fit by the Committee, were promoted on the post of Executive Engineer (Civil) which was subject to outcome of orders to be passed in various writ petitions. Paragraph-10 of the counter affidavit also indicates that the aforesaid disciplinary proceedings initiated against petitioner were concluded by State Government by means of order dated 15.03.2023 without awarding any punishment to petitioner. 6. The aforesaid fact also, therefore, appears to corroborate the aspects indicated in writ petition that as of now there are no departmental proceedings pending against petitioner and the earlier departmental proceedings initiated against him vide order dated 02.08.2019 have already attained finality without awarding any punishment to him. 7. It is also evident that petitioner's recommendations made by the Departmental Promotion Committee were also kept in sealed cover due to the aforesaid proceedings. 8. Considering aforesaid facts, the opposite party no.1 i.e. Principal Secretary, Public Works Department, Government of U.P., Civil Secretariat, Lucknow is directed to consider in the light of directions issued hereinabove in the Writ-A No. 965 of 2025 in the aforesaid time frame, the recommendations made by the Departmental Promotion Committee in respect of petitioner in the proceedings held on 27.09.2022, which, however, may be subject to final orders passed by this Court in the litigations, which are yet pending. In case the recommendations made pertaining to petitioner are accepted by the Government, the benefits made available to persons junior to petitioner who were promoted by means of recommendations of the same Departmental Promotion Committee shall be made available to petitioner also with effect from the same date. 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