Manoj Kumar Niranjan vs State Of U.P. Thru. Prin. Secy. Urban Development

Heard learned counsel for the petitioner, Mr. Pradeep Kumar Singh, learned Additional Chief Standing Counsel for the State, Mr. Rishabh Kapoor, learned counsel for the respondent nos. 2 & 3. This petition has been filed assailing the order dated 10th October 2025 passed by the Special Secretary, Government of U.P., while rejecting the claim of the petitioner. In compliance of the order dated 4th December 2025, Mr. Pradeep Kumar Singh, learned Additional Chief Standing Counsel of the State has placed instructions dated 9th December 2025, which is taken on record. Referring to the instructions, he submitted that cut-off date, i.e., 1st of July has rightly been fixed for considering/computing the 15year of the period, as provided in Rule 5(C)(1) of the UP Jal Nigam Engineers (Public Health Branch) Service Regulations, 1978 (amended in the year 2001) (hereinafter referred to as 'the Rules 1978'). He submitted that the selection year is 2024- 25, and, therefore, 1st of July 2024 is the actual cut-off date, of that calendar year. He further added that so far as the eligibility list prepared by the department, namely, UP Jal Nigam, Urban, on the basis of which the DPC is convened and the decision is taken, that has been wrongly fixed as 1st of July 2025, for which the erring officers have been put under question. He also submitted that there is no erroneous or ambiguity in the order passed by the State Government, under challenge herein. 2 WRIA No. 13933 of 2025 Counsel for the petitioner, while vehemently opposing the contentions aforesaid, submitted that the authorities have misinterpreted the amended provision of Rule 5(C)(1) of Rules 1978. He pointed out that in fact, according to column 2 of the amended rule, 23rd August 2001, it is apparent that the time period of 15 years of service for its counting, is 'the 1st of July of the calendar year in which the recruitment is done'. He further submitted that the eligibility list was prepared on 12th March 2025, the DPC was convened on 12th June 2025, and promotion orders were passed on 13th August 2025. He submitted that, in this view, the recruitment year of the promotion is the year 2025, and therefore, the calendar year of 2025 would be 1st of July 2025, and that is why, the department of the petitioner, i.e., UP Jal Nigam Urban, has rightly prepared the eligibility list, vide the list dated 1st of March 2025, where the cut-off date is mentioned, as 1st of July 2025. He added that the sole basis of rejection of the candidature of the petitioner by the DPC is that he did not complete 15 years of the requisite period of service on 1st July 2025, which is erroneous and against the provision of Rule 5(C)(1) of the Rules 1978. Therefore, the submission is that the order dated 10th June 2025 is unsustainable. Mr. Rishabh Kapoor, appearing for the UP Jal Nigam, has refuted the contention of the learned counsel for the petitioner, whereas he has failed to substantiate his argument regarding the cut-off date of 1st July 2025, which is apparent from the eligibility list. Upon considering the submissions of the learned counsel for the parties, it is apparent that the petitioner is aggrieved with the decision taken by the State, vide order dated 10th October 2025, whereby the claim of the petitioner has been rejected for considering him for promotion on the post of Superintendent Engineer, in the respondent department. When this court examines the impugned order dated 10th October 2025, in facts and law, it is apparent that the sole ground which is taken for rejecting the claim of the petitioner is that he did not complete 15 years of the requisite service on the post of Assistant Engineer and Executive Engineer, uptil 1st July 2024. In fact, Rule 5(C)(1) amended upto 21st August 2001 as is applicable in the present case. It is evident that the computation of the 15 years of the services, will be from the date of joining in the department, on the post of Assistant Engineer, uptil the first of July of the calendar year in which the 3 WRIA No. 13933 of 2025 recruitment is conducted. Column 2 of the Rules 1978 has been amended vide 23rd of August 2001, which reads as under:- स्त(cid:286)भ-2 संशोिधत (cid:352)ािवधान म ।एक। अिध०। अिभ०।िसिवल ऐसे अिधशासी अिभयंता (िसिवल) जो 'सहायक अिभयंता िसिवल के पद पर स्थाई हो, म(cid:517) से चयन (cid:497)ारा जो उस कै ल(cid:517)डर वष(cid:259), िजसम(cid:517) भत(cid:515) की जाय, की पहली जुलाई की पूव(cid:259)वत(cid:515) स्वाय(cid:485) शासन अिभय(cid:281)(cid:347)ण िवभाग और/या जल िन(cid:227)म अथवा (cid:352)देश के िकसी अ(cid:281)य अिभय(cid:281)(cid:347)ण िवभाग म(cid:517) सहायक अिभयंता और अिध अिभ० के (cid:628)प म(cid:517) कम से कम 15 वष(cid:259) की सेवा पूण(cid:259) करते हो िजसके अ(cid:281)तग(cid:259)त िनर(cid:281)तर तदथ(cid:259), स्थाई और स्थानांप(cid:281)न सेवा भी सि(cid:286)मिलत ह(cid:520) । In fact, it is an admitted fact that the department, wherein the petitioner was rendering services as Assistant Engineer, subsequently as Executive Engineer, prepared the eligibility list, wherein the cut-off date is fixed as the first of July 2025 and, on the basis of the said eligibility list, the DPC convened and the promotions were done on 13th August 2025. It seems that for computation of services rendered by other candidates, who were considered for promotion, and whose names were mentioned in the eligibility list, were counted from the cut-off date, i.e., first of July 2025, contrary, the computation of the services of the petitioner is done, with the cut-off date, i.e., first of July 2024. This Court has failed to understand that in the existence of the rules, which clearly provide the cut-off date, i.e., the first of July of the 'calendar year in which the recruitment is conducted', why the cut-off date is being assumed by the DPC, as first of July 2024 rather, the eligibility list was prepared rightly, considering the cut-off date as 1st of July 2025. Consequently, this Court finds that the reasons, which are assigned for non consideration of promotion of the petitioner, are erroneous and against the amended Rule 5(C)(1) of the Rules of 1978. Thus, the order dated 10th October 2025 is unsustainable and, resultantly, the same is hereby quashed. 4 WRIA No. 13933 of 2025 The matter is remitted back to the competent authority/State Government to pass a fresh order on the claim of the petitioner dated 20th August 2025, within a period of six weeks, after properly and rightly considering the mandate of Rule 5(C)(1) of Rules 1978. With the aforesaid observations, the writ petition is allowed at the admission stage, with the consent of the parties. Consequences shall follow. December 10, 2025 Ram Murti (Shree Prakash Singh,J.) RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the petitioner, Mr. Pradeep Kumar Singh, learned Additional Chief Standing Counsel for the State, Mr. Rishabh Kapoor, learned counsel for the respondent nos. 2 & 3. This petition has been filed assailing the order dated 10th October 2025 passed by the Special Secretary, Government of U.P., while rejecting the claim of the petitioner. In compliance of the order dated 4th December 2025, Mr. Pradeep Kumar Singh, learned Additional Chief Standing Counsel of the State has placed instructions dated 9th December 2025, which is taken on record. Referring to the instructions, he submitted that cut-off date, i.e., 1st of July has rightly been fixed for considering/computing the 15year of the period, as provided in Rule 5(C)(1) of the UP Jal Nigam Engineers (Public Health Branch) Service Regulations, 1978 (amended in the year 2001) (hereinafter referred to as 'the Rules 1978'). He submitted that the selection year is 2024- 25, and, therefore, 1st of July 2024 is the actual cut-off date, of that calendar year. He further added that so far as the eligibility list prepared by the department, namely, UP Jal Nigam, Urban, on the basis of which the DPC is convened and the decision is taken, that has been wrongly fixed as 1st of July 2025, for which the erring officers have been put under question. He also submitted that there is no erroneous or ambiguity in the order passed by the State Government, under challenge herein. 2 WRIA No. 13933 of 2025 Counsel for the petitioner, while vehemently opposing the contentions aforesaid, submitted that the authorities have misinterpreted the amended provision of Rule 5(C)(1) of Rules 1978. He pointed out that in fact, according to column 2 of the amended rule, 23rd August 2001, it is apparent that the time period of 15 years of service for its counting, is 'the 1st of July of the calendar year in which the recruitment is done'. He further submitted that the eligibility list was prepared on 12th March 2025, the DPC was convened on 12th June 2025, and promotion orders were passed on 13th August 2025. He submitted that, in this view, the recruitment year of the promotion is the year 2025, and therefore, the calendar year of 2025 would be 1st of July 2025, and that is why, the department of the petitioner, i.e., UP Jal Nigam Urban, has rightly prepared the eligibility list, vide the list dated 1st of March 2025, where the cut-off date is mentioned, as 1st of July 2025. He added that the sole basis of rejection of the candidature of the petitioner by the DPC is that he did not complete 15 years of the requisite period of service on 1st July 2025, which is erroneous and against the provision of Rule 5(C)(1) of the Rules 1978. Therefore, the submission is that the order dated 10th June 2025 is unsustainable. Mr. Rishabh Kapoor, appearing for the UP Jal Nigam, has refuted the contention of the learned counsel for the petitioner, whereas he has failed to substantiate his argument regarding the cut-off date of 1st July 2025, which is apparent from the eligibility list. Upon considering the submissions of the learned counsel for the parties, it is apparent that the petitioner is aggrieved with the decision taken by the State, vide order dated 10th October 2025, whereby the claim of the petitioner has been rejected for considering him for promotion on the post of Superintendent Engineer, in the respondent department. When this court examines the impugned order dated 10th October 2025, in facts and law, it is apparent that the sole ground which is taken for rejecting the claim of the petitioner is that he did not complete 15 years of the requisite service on the post of Assistant Engineer and Executive Engineer, uptil 1st July 2024. In fact, Rule 5(C)(1) amended upto 21st August 2001 as is applicable in the present case. It is evident that the computation of the 15 years of the services, will be from the date of joining in the department, on the post of Assistant Engineer, uptil the first of July of the calendar year in which the 3 WRIA No. 13933 of 2025 recruitment is conducted. Column 2 of the Rules 1978 has been amended vide 23rd of August 2001, which reads as under:- स्त(cid:286)भ-2 संशोिधत (cid:352)ािवधान म ।एक। अिध०। अिभ०।िसिवल ऐसे अिधशासी अिभयंता (िसिवल) जो 'सहायक अिभयंता िसिवल के पद पर स्थाई हो, म(cid:517) से चयन (cid:497)ारा जो उस कै ल(cid:517)डर वष(cid:259), िजसम(cid:517) भत(cid:515) की जाय, की पहली जुलाई की पूव(cid:259)वत(cid:515) स्वाय(cid:485) शासन अिभय(cid:281)(cid:347)ण िवभाग और/या जल िन(cid:227)म अथवा (cid:352)देश के िकसी अ(cid:281)य अिभय(cid:281)(cid:347)ण िवभाग म(cid:517) सहायक अिभयंता और अिध अिभ० के (cid:628)प म(cid:517) कम से कम 15 वष(cid:259) की सेवा पूण(cid:259) करते हो िजसके अ(cid:281)तग(cid:259)त िनर(cid:281)तर तदथ(cid:259), स्थाई और स्थानांप(cid:281)न सेवा भी सि(cid:286)मिलत ह(cid:520) । In fact, it is an admitted fact that the department, wherein the petitioner was rendering services as Assistant Engineer, subsequently as Executive Engineer, prepared the eligibility list, wherein the cut-off date is fixed as the first of July 2025 and, on the basis of the said eligibility list, the DPC convened and the promotions were done on 13th August 2025. It seems that for computation of services rendered by other candidates, who were considered for promotion, and whose names were mentioned in the eligibility list, were counted from the cut-off date, i.e., first of July 2025, contrary, the computation of the services of the petitioner is done, with the cut-off date, i.e., first of July 2024. This Court has failed to understand that in the existence of the rules, which clearly provide the cut-off date, i.e., the first of July of the 'calendar year in which the recruitment is conducted', why the cut-off date is being assumed by the DPC, as first of July 2024 rather, the eligibility list was prepared rightly, considering the cut-off date as 1st of July 2025. Consequently, this Court finds that the reasons, which are assigned for non consideration of promotion of the petitioner, are erroneous and against the amended Rule 5(C)(1) of the Rules of 1978. Thus, the order dated 10th October 2025 is unsustainable and, resultantly, the same is hereby quashed. 4 WRIA No. 13933 of 2025 The matter is remitted back to the competent authority/State Government to pass a fresh order on the claim of the petitioner dated 20th August 2025, within a period of six weeks, after properly and rightly considering the mandate of Rule 5(C)(1) of Rules 1978. With the aforesaid observations, the writ petition is allowed at the admission stage, with the consent of the parties. Consequences shall follow. December 10, 2025 Ram Murti (Shree Prakash Singh,J.) RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench