JUDGMENT By the Court.—Heard learned counsel for parties and perused the record. 2. On 19.2.2010 we had passed the following order : "Supplementary and Rejoinder Affidavits, filed in Court, are taken on record. Heard learned counsel for parties and perused the record. Sri I. B. Singh, learned senior counsel for petitioners submitted that admittedly the petitioners are working as Executive Engineer, a feeder cadre, for promotion to the post of Superintending Engineer in the category of General Class candidates. According to learned counsel there are sufficient number of existing vacancies in the said category and, thus, the petitioners can be promoted to the higher post, irrespective of the controversy over drawing of seniority list after judgment in a pending writ petition being heard in regard to the validity of Section 8-A of the U.P. Government Servants Seniority (Third Amendment)Rules, 2007, Learned Senior Counsel referred to the order passed in a Writ Petition by a coordinate Division Bench of this Court on 21.1.2010 giving similar indication that if the petitioners are promoted, it would not affect the future prospect of promotion and seniority of the reserved class candidates. Learned counsel for the State also does not dispute this fact, however, he prays for time to seek instructions. It is so because the writ petition involving the validity of Rule 8-A is in the midst of final hearing before a coordinate Bench. As a last opportunity, learned State Counsel is granted time till Monday i.e. 22nd February, 2010 to seek instructions in the matter, failing which, the Court may consider to issue mandamus for further promotion of the petitioners who have a legitimate expectation to get such promotion. List this writ petition on 23rd February, 2010.” 3. Learned Senior counsel appearing for petitioners, submitted that the petitioners who have put in long years of service with unblemished career, are going to superannuate shortly. Thus, they have legitimate expectation to be considered for further promotion. 4. Learned counsel also submitted that except the Public Works Department, no other department has held meetings of Departmental Promotion Committee for considering any case for further promotion. 5. Thus, they have legitimate expectation to be considered for further promotion. 4. Learned counsel also submitted that except the Public Works Department, no other department has held meetings of Departmental Promotion Committee for considering any case for further promotion. 5. Learned Standing Counsel for State referred to the Uttar Pradesh Promotion by Selection (On Posts Outside the Purview of the Public Service Commission) Eligibility List (Second Amendment), Rules, 2001 and took us to Rule-4, particularly column 2 which is regarding preparation of eligibility list, wherein for promotion, the criterion mentioned is merit and also to show that the Rule provides for three seniority lists for three separate categories namely General, Scheduled Casts and Scheduled Tribes in the light of vacancies available for each of the said categories containing names as far as possible three times the number of vacancies subject to the minimum of eight. Relevant portion of Column 2 on reproduction reads as under : “Column 2 Rules as hereby substituted : 4. Where the Criterion for promotion is merit, the appointing authority shall prepare three lists to be called the eligibility lists of the senior most eligible candidates from each of the category namely, General, Scheduled Castes and Scheduled Tribes, separately, in the light of vacancies available for each of the said categories containing names as far as possible, three times the number of vacancies subject to the minimum of eight:” Thereafter learned counsel referred to the last proviso of the Rule which reads as under : “Provided also that if, in a year of recruitment, no vacancy is available for Scheduled Castes or Scheduled Tribes but a person belonging to Scheduled Castes or Scheduled Tribes, as the case maybe, is entitled to be included, by virtue of his seniority, in the eligibility list of the general category candidates,such person shall also be included in the eligibility list of General category candidates.” 6. Learned counsel for State on instructions admitted that there are 37 vacancies in the category of General Class candidates and thus, the petitioners as well as other similarly situated officers can be considered for promotion against the said vacancies by the Departmental Promotion Committee. Learned counsel also stated that there are enough number of vacancies for the Scheduled Castes and Scheduled Tribes candidates and they can be considered for promotion in their own categories. Learned counsel also stated that there are enough number of vacancies for the Scheduled Castes and Scheduled Tribes candidates and they can be considered for promotion in their own categories. However, learned State counsel also submitted that in view of the aforesaid proviso, in the years to come even against the available vacancies in the General Class category the Scheduled Castes and Scheduled Tribes candidates may be considered for promotion. 7. Learned State counsel pointed out that the petitioners herein are placed at serial Nos. 22 to 28 which are within the limit of 37 existing vacancies in the General Class category. 8. Learned State counsel also informed that the writ petition challenging the validity of Section 8-A of the U.P. Government Servants Seniority (Third Amendment) Rules 2007, has not yet been disposed of. 9. In view of all the aforesaid, we allow this writ petition to the limited extent by directing the respondents to hold meetings of Departmental Promotion Committee for promotions to the posts of Superintending Engineers from the feeder cadre of Executive Engineers in the Public Works Department within a period of two weeks from the date of receiving a copy of this order and consider the names of petitioners and similarly situated other candidates as per rules for promotion against 37 existing vacancies of Superintending Engineers. 10. However, we make it clear that promotion to the posts of Superintending Engineers would not create any right in favour of the petitioners to claim seniority from the date of promotion which would be subject to the outcome of the hearing of writ petition challenging the validity of Section 8-A of the U.P. Govt. Servants seniority (Third Amendment) Rules 2007. 11. This Writ petition,thus, stands disposed of. ————