S. T. Coleridges Marinar on voyage, at the fag end of eighteenth century cried "water, Witer, everywhere, nor any drop to drink" (Coleridge in the time of Ancient Marinar ). 2. Not only the continent, where Coleridge was born, but several countries of the other continents have succeeded in quenching the thirst of their people by providing them potable water, but although fifty years have passed, since the dawn of freedom, in this part of the World, water, which the nature has provided in abundance is scarce. A recent policy pronouncement of the Prime Minister still attaches high priority of the Government to provide drinking water to the millions, whose women folk, on tardy paths are forced to go bare footed, miles away from their villages, to bring a pitcher of water. 3. No doubt, in many part of the State, rivers have been harnessed. Water gushes into the canals to irrigate the fields, but the major part of the State for purpose of irrigating the agricultural fields still depends on monsoon. The Rohilkhand areas of the State suffer due to scanty rains. During the summer the ground water leval comes down to several hundred feet. 4. To find out various water resources which could be developed for providing drinking water to the people and irrigating their fields, a ground water cell in the State was established in the year 1970. The Government of India also took initiative in strengthening the ground water resources, by setting up water minor irrigation organisations in various State. As a result of which ground water investigation organisa tion was established in the State of U. P. in the year 1975, as a separate department under the charge of a Directorate. Later on it was converted into a full fledged ground water department. 5. The department is headed by a Directorate and consisted of Superintend ing Engineer (Civil), Superintending En gineer (Mechanical), Executive Engineer (Civil), Executive Engineer/senior Hydrogeologist, Senior Hydrolpgist/senior Geophysicist, Geohydrologist, Senior Geophysiscist, Assistant Engineer Civil/mechanical, Hydrologist Civil/mechanical, Assistant Geologist, Assistant Geophysicist, Chemist/assistant Chemist, Assistant Hydrogeologist and Assistant Geophysicist; meaning thereby that the ground water department is a multi-dis ciplinary department, where the Scientist and Engineers both put their intellect and energies and work together to utilise the ground water resources for providing drink ing water to the people as well as for irrigat ing the agricultural fields in the State. Whether this department has made any headway or not, to achieve the object for which it was created, cannot be answered as neither this Court has been called upon to adjudicate that point nor it possesses suffi cient date to arrive at a conclusion. But the fact remains, that the Scientists and the En gineers have engaged themselves into a tug of war and made an attempt to turn this Court into an arena, to settle their score. It seems that the petitioners have forgotten the noble goal and the object for which they were inducted into service, wasted their in tellect, energy, experience, resources and time in litigating, for promotion and seniority. 6. Some of the petitioners filed cases before the U. P. Public Services Tribunal and when they failed to get the desired results, they filed the writ petition before the Court. In few of the writ petitions interim orders were passed. In writ petition No. 9850 (SB) of 1993 filed by Sri Majid Ansari an interim order was passed on 18-3-94, wherein in a nut shell, the Court indicated that the Government should take speedy steps to frame Rules, so that officers of the depart ment may not have the feeling of discontent ment. The confusion was worst confounded by the Government of Uttar Pradesh, which till now, has not framed any Rules governing the conditions of services of the persons working in the Ground Water Department. 7. However, the Court did not find any justification to interfere with the arrangement, which has been made by the Govern ment on 31-11-1993 by ordering that on the retirement of Sri Yogesh Kumar Misra, the erstwhile Director, the Secretary, Gram Vikas Vibhag shall take over the charge of the office of the Director, Ground Water Department and thereafter working arran- fement was made that Sri Nabi Hasan the uperintending Engineer, Ground Water Department, Division- II, Allahabad will also look after the work of Director, Ground Water Department, for which he will not be given any additional salary or allowances. 8. 8. In the light of the aforesaid cir cumstances Honble Supreme Court on 30-8-94 in S. L. P. No. 6201 of 1994 passed the following order:- "we have heard Sri R. K. Jain, learned Senior counsel for the petitioner, Sri Pramod Swarup, learned counsel for the State of U. P and Sri D. D. Thakur learned counsel for the respon dent No. 2. Respondent No. 3, though duly served has remained unrepresented. Having regard to all the circumstances the order that commenced itself as appropriate is to request the High Court, to dispose of the writ petitions, as expeditiously as possible, not later than two months, from the date of the receipt of this order by the High Court. " "if, however, the writ petitions remain pend ing even after two months aforementioned the State Government shall take effective steps to fill up the posts, by appropriate proceedings, which would mean that in the meanwhile the State Government would have finalised the Rules of Recruitment. If Rules of Recruitment was not finalised, the draft rules shall afford the guiding principles. Till the recruitment is made, the present position of the respondent No. 2 (Sri Nabi Hasan) shall not be disturbed. " With these observations and direc tions the Special Leave Petition is disposed off. 9. Every effort was made to dispose of the present bunch of writ petitions, as expeditiously as possible and in any event not later than two months from the date of the receipt of the order, but as a fresh con troversy pertaining to alleged manipulation in the draft rules approved by the Public Service Commission was raised and often the counsels were not available to argue the case and many other factors, like frequent changes of the Bench and mounting arrears, shortage of Judges, who have to devote much time in dealing with fresh cases, leav ing little time to hear and decide the cases, these petitions could not be disposed of earlier as desired by Honble Supreme Court. 10. As stated above the controversy centres round between two group of the officers working in the Ground Water Department, namely, Scientists and En gineers in the Ground Water Department. One of such officer is Mohd. 10. As stated above the controversy centres round between two group of the officers working in the Ground Water Department, namely, Scientists and En gineers in the Ground Water Department. One of such officer is Mohd. Majid Ansari who is working as Superintending Engineer (Mechanical) in the said department, who has urged that the post of Superintending Engineer as well as the Director of the Department belongs to the Engineering Discipline and no person who has not ob tained a degree of Bachelor of Engineering, can be appointed as Superintending En gineer or allowed to work as Director of the said department. He raised a grievance that as Sri Nabi Hasan and Prakash Singh do not possess the degree of Bachelor of Engineer ing, they could not have been appointed as Superintending Engineers and hence they are not fit to be posted as Director. Accord ing to him the Ground Water Department to a department of Engineering Discipline, similar to that of P. H. D. , Irrigation department, Minor Irrigation department and Rural Engineering Services and hence no person other than from the Engineering Discipline can be legally promoted and posted on the post of Director. Sarvashri Nabi Hasan and Prakash Singh have only obtained the Masters degree in Geology, they are not entitled to the post either of Superintending Engineer or Director. 11. Mr. Ansari further staked his claim on the post of Director of Ground Water Department, on the ground that he is the senior-most Superintending Engineering (Mechanical) in Ground Water Depart ment, possessing all the requisite qualifica tions for the post of Director, hence he was entitled to be given the dual charge of the post of Director with effect from 11-1-1993, when the post of Director fell vacant in the department. Mr. Ansari, thus has chal lenged the appointment/promotion of Sri Nabi Hasan on the post of Superintending Engineer, as well as the order of the State Government by means of which Sri Nabi Hasan, was allowed to work as acting Director of the Ground Water Department, as a working arrangement. 12. Mr. Ansari, thus has chal lenged the appointment/promotion of Sri Nabi Hasan on the post of Superintending Engineer, as well as the order of the State Government by means of which Sri Nabi Hasan, was allowed to work as acting Director of the Ground Water Department, as a working arrangement. 12. Before dealing with the case of the respondents Sarvshri Nabi Hasan and Prakash Singh in Writ Petition No. 9850 (SB) of 1993 it would be appropriate to look into the Government Order dated 10th May, 1988 which reads as under:- "till now no Service Rules have been framed regarding Superintending Engineer/ex ecutive Engineer (Civil) and Executive Engineer (Mechanical) etc. equivalent post of Class I am Asstt. Engineer and Assistant Working etc. and equivalent posts of elementary in Ground Water Investigation of Organisation and there is no responsibility of delay in it. Hence for the appoint ment Promotion on the above posts, following procedure are laid down by the Governor on ad hoc basis till the service (sic) for these posts are not duly notified. (1) The Governor of Uttar Pradesh will be the appointing authority for the post of Superin tending Engineer/executive Engineer and assis tant Engineer and equivalent posts. (2) Function on the post of Superintending Engineering in the pay-scale of Rs. 1640-2400 will be down from the (sic) working on class I post of Executive Engineer (Civil) Mechnicamsenior Hydorologist/senior Hydrophysist/senior Hydrogeologist. . . . . . . . (sic ). (3 ). . . . . . . . . . . . . . . . . . . . . . . . . (4) Promotion on the Class II posts of Asstt. Engineer (Civil/mechanical)/hydrologist/asstt. Geophysist/asst. Geologist and Asstt. Chemist etc. equivalent posts in pay scale of Rs. 850-1720 of promotion quota will be made cadrewise from those class III employees working on posts of Junior Engineer/technical Assistant and qualified computer in pay scale of Rs. 515-860, who are confirmed on the above post and have completed seven years regular service. The basis of promo tion shall be seniority subject to rejection of unfit. (5) The appointment on the Class II post of Asstt. Engineer (Civil/mechanical)/hydrologist/asstt. Geophysist/asstt. Geologist and Asstt. Chemist etc. in pay scale of Rs. 850-1720 will be made by the direct recruitment and by promotion of 75% posts, respectively. The basis of promo tion shall be seniority subject to rejection of unfit. (5) The appointment on the Class II post of Asstt. Engineer (Civil/mechanical)/hydrologist/asstt. Geophysist/asstt. Geologist and Asstt. Chemist etc. in pay scale of Rs. 850-1720 will be made by the direct recruitment and by promotion of 75% posts, respectively. The regular appoint ment/promotion on the class II post, will be made through Uttar Pradesh Public Service Commis sion. (6) The constitution of the Selection Com mittee for the selection on the post of Superin tending Engineer in pay scale of Rs. 1800-2400 and Executive Engineer (Civil/mechani-cal)/senior Hydrologist/senior Geologist/senior Hydrologist/personal Assistant etc. in pay scale of Rs. 1250-2050 will be as given below:- (1) Secretary-Area Development Deptt. Chairman (2) Secretary, Personnel Deptt. Member (3) Director, G. W. T. O. , Uttar Pradesh Member (4) Chief Engineer (M. T.) Uttar Pradesh Member Reservation (A) Reservation to fill up the vacancies in abovementioned posts for Scheduled Castes and Schedule Tribes Officers will be as per the orders issued by the Government from time to time. " 13. As certain clerical mistakes oc curred in the said order, by another Govern ment Order dated 20th May, 1988 it was amended, which reads as under:- "in sub Para (2), (3) and (6) of Office Memorandum No. 2379/54-5-1800 (8)/87, dated 10th May, 1988, fixing critaria/procedure for ap pointment/promotion on the Class I post of Su perintending Engineer equivalent posts of Ground Water Investigation Organisation are Ex ecutive Engineer (Civil) and Executive Engineer (Mechanical) etc. The word "geohydrologist" should be read in place of word senior Hydrologist and the word "senior Geophysicist", used in sub-para (6) should be read in place of senior Geologist and word "senior Chemist" mentioned in sub-para (3) may be considered deleted. 2. Further, in the above office memoran dum under sub-para (4) the word "chemist" should be read after "asstt. Geologist in second line and the word surveyor should be considered an addition in between the word "technical Asstt. " and qualify" in fourth line. " 14. 2. Further, in the above office memoran dum under sub-para (4) the word "chemist" should be read after "asstt. Geologist in second line and the word surveyor should be considered an addition in between the word "technical Asstt. " and qualify" in fourth line. " 14. It is well-settled that in absence of specific Rules governing the conditions of service framed either under Article 309 of the Constitution or under any law for the time being in force, the State Government can regulate the services of its employees on the basis of exeuctive instructions, because under Article 162 of the Constitution the executive power of the State extend to all matters with respect to which the legislature of a State has power to make laws, provided it does not contravene any law relating to that matter or Rules having the force of law. Such administrative orders can only be chal lenged, if the same are arbitrary or dis criminatory, meaning thereby that it is violative of Articles 14 of the Constitution or suffers from colourable exercise of power. In general, the Court would not exer cise its power of judicial review to interfere with an executive order underlining the policy made by the State Government, when it involves technical scientific or economic expertise. 15. The determination of the question as to whether ground water department is an engineering discipline department or a multi-disciplined department involves scientific expertise the adjudication of which is a difficult exercise Suffice to say that since its inception, the Geological Sur vey of India, the Scientific Investigations and constructions of wells and tube wells were undertaken by the Geological Survey of India. The Government of India with a view to explore the policy to undertake such projects in other parts of Country, created a Ground Water Organisation which functioned till 1949. In the year 1954 the Government of India had taken a decision to start it for undertaking constructions of exploratory tube-wells in the Country. This organisation was named as Exploratory Tube Well Organisation. The Hydrological Survey and Investigation and part of the exploratory work was handled by Geologi cal Survey of India which established a Ground Water Section. The Exploratory Tube Well Organisation was renamed as Central Ground Water Board in the year 1970. This organisation was named as Exploratory Tube Well Organisation. The Hydrological Survey and Investigation and part of the exploratory work was handled by Geologi cal Survey of India which established a Ground Water Section. The Exploratory Tube Well Organisation was renamed as Central Ground Water Board in the year 1970. On 1st August, 1972 the Government of India merged the Ground Water Wing of the Geological Survey of India with the Central Ground Water Board to make its National Apex Organisation. The Board was entrusted, with several functions, in cluding drilling etc. but that required the acquisition and employment of latest tech niques (including remote, Geophysical and Aeromagnetic Services) for the location of the Countrys ground water resources. It also requires quantitative resource assess ment studies by collection and interpreta tion of data relating to procepetation-evapotranspiration consumption by Vegetation Services, run of Percolation Presence are literal movement of Ground Water in Geological formations. 16. The Central Ground Water Board is headed by a Chairman and its two main wings, namely, Hydrological and Engineer ing headed by Chief Hydrologist and Chief Engineer respectively. The Board is also assisted by a Member (Administration), who is also the Deputy Secretary in the Ministry of Minor Irrigation and the Mem ber (Development) who is the Chief En gineer Minor Irrigation in the Ministry of Irrigation. The Government of India has also included a number of experts as members of the Board, who are drawn from NABARD, Rural Electrification Corpora tion, National Institute of Hydrology, Central Health Engineering Organisation, National Geophysical Research Institute and Finance Wing of the Ministry. 17. The role of Hydrological Wing in the department of Ground Water cannot be minimised as it is responsible for all works pertaining to service, investigation, assess ment, development and planning of the resource potential, whereas the Engineer ing Wing is responsible for drilling and con struction of Bore Holes with the assistance of Hydrological Wing. 18. In view of the aforesaid situation, it cannot be said that the Ground Water Department is like any other Engineering Department like Public Works Depart ment, Irrigation Department, Rural En gineering Services Department etc. Until and unless both the wings, namely, Hydrological/geological and Engineering put their intellect, experience and energies together, the task assigned to them cannot be performed. Hence the contention of the Engineers that the Hydrologist/geologist/geophysist etc. Until and unless both the wings, namely, Hydrological/geological and Engineering put their intellect, experience and energies together, the task assigned to them cannot be performed. Hence the contention of the Engineers that the Hydrologist/geologist/geophysist etc. , who have not obtained a degree in Engineering cannot hold the post of Superintending Engineer or Director of the Ground Water Depart ment cannot hold good. 19. As the word engineer, executive engineer" or superintending engineer was creating confusion and the Engineers thought that the posts were meant only for those who hold Engineering Degrees, the State Government appointed a Committee known as Acharya Committee to look into that aspect of the matter. The Acharya Committee recommended that the post of Superintending Engineer be renamed as Joint Director, the post of Executive En gineer and other equivalent post be renamed as Deputy Director. The post of Assistant Engineer and other equivalent posts be renamed as Assistant Director. 20. But before the recommendation of Acharya Committee could be implemented, an Engineer Sri S. P. Saxena filed a claim petition before the U. P. Public Service Tribunal, praying that the nomenlature of the post of Superintending Engineer cannot be changed to Joint Director. On 28-4-84 the U. P. Public Services Tribunal passed aninterim order to the effect that the nomenclature of the post of Superintending Engineer would not be changed till further orders. As Sri S. P. Saxena was repatriated to his parent department i. e. Irrigation Department, the claim petition became infructuous. Thereafter one Sri Shailendra Bhushan, who is also petitioner of Writ Peti tion No. 5209 of 1988 filed a claim petition before the U. P. Public Services Tribunal and the Tribunal passed a similar order. 21. In view of the interim order, the State Government was constrained to issue an executive instruction on 10-5-88, so as to provide equal opportunity to all class I officers may be promoted on the post of Su perintending Engineer which is next higher class one post after Executive Engineer, meaning thereby that all the Class I officers, whether they belong to Engineering Dis cipline or Hydrogeologist/geologist or Geophysist disciplines were treated equally in the matter of promotion to the post of Superintending Engineer. As the Ground Water Department consists of 60% scien tists, hence in the matter of promotion on the post of Superintending Engineer they enjoyed major share. 22. As the Ground Water Department consists of 60% scien tists, hence in the matter of promotion on the post of Superintending Engineer they enjoyed major share. 22. The Government Order dated 10-5-88 has treated all the officers working in the department of Ground Water, whether they are scientists or engineers equally as Class I and II officers, equally and they could be promoted on higher posts on the basis of seniority, subject to rejection of unfit. In view of the aforesaid position, it cannot be said that the Government Order dated 10-5-88 is discriminatory or arbitrary in any man ner. 23. The argument of Mr. S. K. Kalia, learned counsel appearing on behalf of Sri Shailendra Bhushan, that in absence of Ser vice Rules the State Government ought to have noted in accordance with Service Rules enforced in the Irrigation Department is totally misconceived. As we have already observed that the Ground Water Department is a multi-disciplined department, Ser vice Rules of other le. Irrigation department etc. cannot be made applicable in the department of Ground Water. Since the ex ecutive power of the State Executive is co extensive with that of State Legislature, it follows that the State Executive may pass Government Order regulating any matter within the legislative competence of the State Legislature, without prior legislative authority, provided such an order does not effect the fundamental right, violate any provision of the Constitution or any law for the time being in force etc. The State Government till the Rules are framed can certainly regulate the services of employees of the Ground Water by executive orders, issued under Article 162 of the Constitution of India. 24. Sri Nabi Hasan by means of his writ petition No. 4624 (SB) of 1993 has prayed for issuance of a writ in the nature of man damus commanding the State of U. P. to fill up the post of Director by considering the cases of Superintending Engineers working in the Ground Water Department and for this purpose the Departmental Promotion Committee be directed to hold its meeting. He also prayed that the State of U. P. be restrained from inducting deputationists on the posts in Ground Water Department and not to allow the outsider to hold the duel charge of Director, in Ground Water Department and till the Departmental Promotion Committee holds its meeting the vacancy in Class I post and the post of Director be filled by the departmental candidates on ad hoc basis. On 12-6-93 this Court passed an order that meanwhile it is provided that the opposite parties would be free to fill the post of Director in Ground Water Department by holding Departmen tal Promotion Committee, but in no case the opposite parties will fill up the post by an outsider on deputation or the person of another department or give duel charge to any other person of the department. 25. According to Sri Nabi Hasan he on 15-12-1965 was appointed as Assistant Hydrogeologist in the Central Ground Water Board under the Ministry of Irriga tion and Power after he being selected by the Union Public Service Commission. On 15-12-1968 he was declared quasi-permanent on the said post. On 16-12-1971 he was promoted to the post of Junior Hydrogeologist in the Central Ground Water Board under the Government of India. While working as Junior Hydrogeologist in the Central Ground Water Board, he was selected for appoint ment by the U. P. Government to the Gazetted (Class I) post of Geohydrologist in Ground Water Investigation Organisation under the charge of the Department of Rural Development. As a result of the ap pointment his services were placed on deputation at the disposal of U. P Govern ment by means of the order dated 30-8-1973. The petitioner thereafter joined the Ground Water Investigation Organisation under the department of Rural Develop ment, Government of U. P on the post of Hydrogeologist with effect from 25-11-1973. His deputation was extended twice and thereafter he was absorbed on 4-12-1977 in the Ground Water Investigation Or ganisation by means of the Gazette notifica tion dated 21-7-81. Thus his lien in the Central Ground Water Board came to an end. 26. On 26th February, 1983 the Government of Uttar Pradesh granted seniority in Class I to Sri Nabi Hasan Geohydrologist with effect from 4-12-1977 consequent to his absorption in the Ground Water Investigation Organisation. Thus his lien in the Central Ground Water Board came to an end. 26. On 26th February, 1983 the Government of Uttar Pradesh granted seniority in Class I to Sri Nabi Hasan Geohydrologist with effect from 4-12-1977 consequent to his absorption in the Ground Water Investigation Organisation. The order dated 26th February, 1983 provides that the Officers appointed substantively in Class I in the Organisation on 4-12-1977 shall be senior to Sri Nabi Hasan, but those officers appointed substantively in Class I and are in position after that date shall be considered junior to him. On 21st April, 1984 the Governor was pleased to promote Sri Nabi Hasan, Geohydrologist, Ground Water Investigation Organisation on the post of Superintending Engineer on ad hoc basis. On 16th July, 1988 the State Government promoted on regular basis Sarvashri Nabi Hasan and Prakash Singh, Senior Hydrogeologist on the post of Superintend ing Engineer on the basis of the recommen dation of the Selection Committee, which was constituted under an Executive Order dated 10-5-88, but his order of promotion was treated as provisional in the context of the order dated 12-7-1988 passed by the Honble High Court in Writ Petition No. 5209 of 1988 filed by Sri Shailendra Bhushan and it was further provided in the order that the promotion of Sri Nabi Hasan shall be subject to the orders of Honble High Court. 27. It is pertinent to mention here that during the year 1983 one Sri Kaplan Singh was working on promotion as Superintend ing Engineer on ad hoc basis and Sri Nabi Hasan was working on promotion on the post of Superintending Engineer on ad hoc basis. Sri Kaptan Singh was a mechanical engineer who was later on repatriated to his parent irrigation department. 28. In the year 1983, U. P Sinchai Vibhag Yantrik Abhiyanta Sangh representing the cause of officers of the mechanical side filed writ petition bearing No. 1943 of 1983. On 12-4-1983 an interim order was passed that civil engineers be not posted on the post of mechanical cadre. Thereafter the department filed an application for vacation of the interim order alongwith a counter affidavit. On 12-4-1983 an interim order was passed that civil engineers be not posted on the post of mechanical cadre. Thereafter the department filed an application for vacation of the interim order alongwith a counter affidavit. The main thrust of the petitioners of that writ petition was that consequent upon the repatriation of Sri Kaptan Singh to his parent department i. e. the Irrigation department, the post should not be filled up by persons belonging to the disciplines of Civil, Geology, Geophysics or Chemistry or by deputation from Irrigation Department. Sri M. M. Ansari also filed a writ petition staking his claim for promotion on the post of Superintending Engineer. By means of an order passed by this Court, it was provided that the post of Superintending Engineer Circle-II shall be filled up from the en gineers of mechanical engineering. In view of the aforesaid order the State Govern ment accorded sanction for the upgradation of the sanctioned post of executive engineer (mechanical) to the post of Superin tending Engineer (Mechanical) from the date the holder of the post takes over charge. The upgraded post shall be filled up from the senior-most Executive Engineer (Mechanical) of the Ground Water Depart ment and shall not be filled up by the of ficers belonging to foreign service of any other department and in future one of the available post of Superintending Engineer on falling vacant, the post of Superintend ing Engineer (Scientific cadre) shall be con verted into the one post of Executive En gineer and shall be kept in abeyance, which will not revive, without the prior permission from the department. 29. On 25th April, 1990 an executive order was again issued by the State Govern ment providing that promotion on the post of Superintending Engineer shall be made on merits amongst such officers of class I, who have completed fourteen years of ser vice including continuous temporary and officiating service with atleast seven years as class I on the date of selection on the posts of Executive Engineer (Civil), Geohydrologist, Senior Geophysicist, Senior Hydrogologist and Personal Assistant (Technical ). The order further provided that the promotion on the post of Superintend ing Engineer (Mechanical) upgraded by means of the G. O. dated 9th August, 1989 shall be made on the basis of merits amongst Executive Engineer (Mechanical) and such Officers of Group a of Mechanical Cadre who were regularly appointed and who fulfil other conditions of eligibility. 30. On llth August, 1992 on a writ petition filed by Sri C. S. Agarwal. This Court passed an interim order that the post of Director will not be filled up on deputa tion till further orders of this Court, but the opposite parties would be free to fill up the post by promotion as per Rules. Sri Nabi Hasan also filed another writ petition bearing No. 4624 (SB) of 1993 wherein an inter im order was passed that the opposite par ties shall be free to fill up the post of Direc tor through Departmental Promotion Committee, but in no case, will fill up the post from outsider or by holding dual charge of any other departmental candidate. The State Government filed applications alongwith the Counter Affidavit for the vacation of the interim orders which still remain to be pending. As no Service Rules were framed, for Groupa and Group b post of Ground Water Department, hence the regular promotion on the post of Director was not possible through a Selection Committee. But an anamolous situation was created after the retirement of Sri Yogesh Kumar the erstwhile Director of Ground Water. By means of an executive order Sri Yogesh Kumar was directed to hand over charge to Secretary, Rural Development Department. On 26th November, 1993 the State Government was constrained to give the additional charge of the post of Director to Sri Nabi Hasan, Superintending Engineer at Allahabad in the same capacity, purely on stop gap arran gement till regular arrangement on the post of Director or further orders for which no additional pay or dual charge allowance should be admissible to him. The order dated 26th November, 1993 passed by the State Government further clarified that on the basis of above arrangement no claim of Sri Nabi Hassan regarding temporary/of ficiating arrangement on the post of Direc tor shall be acceptable and that order shall remain under the orders or decisions of the Honble High Court/supreme Court in the writ petition in question alongwith such petitions/appeals. The said order was chal lenged by Sri M. M. Ansari in writ petition No. 9850 (SB) of 1993 and thereafter the matter went upto the Supreme Court and on 30th August, 1994 in S. L. P. No. 6201 of 1994 Honble Supreme Court passed the order which has been quoted in para 8 of this judgment. 31. As far as Sri M. M. Ansari petitioner of writ petition No. 9850 (SB) of 1993 is concerned he was initially appointed as Assistant Engineer in Rural Engineering Survey Scheme in the State Planning In stitute on 5-7-73. He continued to work on the said post till 25th January, 1975 when he joined the Minor Irrigation Department in the capacity of Assistant Engineer upto 14th July, 1976. On 15th July, 1976 he was appointed as an Assistant Engineer in the Ground Water Department and since then he has been working in the Ground Water Department. His services were regularised under the Regularisation of Ad hoc Services Government Order dated 8-2-80. He was promoted to Class I post on ad hoc basis with effect from 19-3-81 and his regular promotion on Class I post was made on 29-6-89. 32. As far as the case of Sri C. S. Agar wal, petitioner of writ petition No. 4344 (SB) of 1992 and petitioner of Writ Petition No. 70 (SB) of 1996, is concerned, he was appointed as Assistant Geologist on ad hoc basis on 30-1-1973. His services were regularised on 8-2-1980 by a Government Order. He was promoted on ad hoc basis on class I post on 19-3-1981 and order for regular promotion was made on 16-7-88. He has claimed that his position in the seniority is at serial No. 8, while the position of Sri M. M. Ansari is at serial No. 11. He has staked the claim for his promotion on the post of Superintending Engineer. He has claimed that his position in the seniority is at serial No. 8, while the position of Sri M. M. Ansari is at serial No. 11. He has staked the claim for his promotion on the post of Superintending Engineer. In his writ petition he has prayed for a direction to the opposite parties to remove the anamolies that have been made in the Draft Service Rules by providing for promotion of Super intending Engineer (Mechanical) to that of the post of Director, Ground Water Depart ment, the Executive Engineer (Mechanical) to Superintending Engineer (Mechanical) and to produce the authenticated Draft Ser vice Rules before this Court and commanding the opposite parties to decide his repre sentation dated 24-11-1995 before proceed ing with the selection for the post of Direc tor, Ground Water Department. 33. It is evident from the Government Order dated 26-2-1983, by means of which the seniority of Sri Nabi Hasan was deter mined that when he was permanently absorbed in the department as Class I officer with effect from 4-12-1977 Sri M. M. Ansari did not even attain the statute of Class I Officer, because on 15th July, 1976 he was appointed as Assistant Engineer in the Ground Water Department on ad hoc basis. His services as Assistant Engineer were regularised on 8-2-80. On 19-3-81 he was promoted to class I post on adhoc basis and his regular promotion on class I post was made on 29-6-89. By means of the Govern ment Order No. 835/38-4-1800 (105) 82 dated 16-4-83 he was placed at serial No. 11, while Sri C. S. Agarwal who has filed the writ petition bearing No. 70 (SB) of 1996 was placed at serial No. 8 of the seniority list. In view of the aforesaid position he cannot steal a march over Sri Nabi Hasan. Sri Nabi Hasan being the senior most Superintend ing Engineer in the Ground Water Depart ment was given the additional charge of the Director of the Ground Water Department. Sri M. M. Ansari who is such junior to him, cannot assail the appointment of Sri Nabi Hasan on the post of Superintending En gineering as well as the dual charge as Direc tor which was given to him by means of executive orders. Sri M. M. Ansari who is such junior to him, cannot assail the appointment of Sri Nabi Hasan on the post of Superintending En gineering as well as the dual charge as Direc tor which was given to him by means of executive orders. As we have already indi cated that the department of Ground Water is a multidisciplined department, hence the thrust of Sri M. M. Ansari and other petitioners raising the same question, that he could not have been promoted as Super intending Engineer is devoid of merit. 34. Mr. Umesh Chandra learned coun sel for the petitioner Sri Nabi Hasan sub mitted that after the Draft Rules governing the conditions of the services of the staff of the multi-disciplined department of Ground Water, after obtaining the approval of the Public Service Commission, came back to the Government, certain interpola tions were made in the Draft Rules, by cer tain persons in the Geologist to cause prejudice to the case of the petitioner, for being selected by the Department Promo tional Committee as a Director. The said Rules were produced before this Court. We have perused and scrutinised very minutely the Draft Rules and we do not find that any interpolation was made. However, it is for Sri Nabi Hasan to approach the State Government raising a grievance of such na ture and the Rule making authority can look into that grievances. On such a contentious question we cannot give a definite opinion, whether any interpolation was made or not. 35. We are not aware as to why the State of U. P. has not notified the Rules governing the conditions of the services of the staff of Ground Water Department, inspite of the fact that the Rules have been approved by the Public Service Commission. The entire controversy which has been raised in these writ petitions would have come to an end if the Rules would have been framed. Although by means of the order dated 30-8-94 passed in S. L. P. No. 6201 of 1994 Honble Supreme Court has given a free hand to the Government to take effec tive steps (sic) to fill up the posts by ap propriate proceedings, which would mean that in the meanwhile the State Govern ment would have finalised the Rules of Recruitment and even if the Rules could not be finalised the Draft Rules shall afford the guiding principles. The State Govern ment for the reasons best known to it, has neither finalised the Rules nor did take any steps to hold the meeting of the Departmen tal Promotion Committee to make the selection. 36. In view of the aforesaid situation, we direct the State Government to finalise the Draft Rules expeditiously, say within six months and thereafter hold the selection for the post of Director, Superintending En gineer and Executive Engineers etc. in accordance with Rules, but it will be open for the State Government, if it wants to ex pedite the process, to hold the selection even earlier, on the basis of the Draft Rules, in accordance with the observations of Honble Supreme Court and till the selec tion will be made finally the position of Sri Nabi Hasan shall not be disturbed. The respondents are also directed to determine the seniority of all the officers in accordance with either the Service Rules, or in their absence of the Draft Rules in accordance with law. 37. With the aforesaid observations all the writ petitions are dismissed except writ petitions Nos. 5390 of 1983 and Writ Peti tion No. 4624 (SB) of 1993 filed by Sri Nabi Hasan. Writ Petitions Nos. 5390 of 1983 and 4624 (SB) of 1993 are disposed of in view of the observations made above. Order accordingly. .