JUDGMENT : Uma Nath Singh and Zaki Ullah Khan, JJ. This order shall also dispose of the connected writ petition, namely, Writ Petition No.523 (S.B.) of 2013 filed by the appellant-State. We have considered the application for condonation of delay in filing the special appeal. 2. As there is no objection on behalf of the private respondent, who appears in person, the delay as pointed out by the registry in filing the special appeal is hereby condoned. 3. We have heard learned counsel for parties and perused the pleadings of special appeal as well as writ petition. 4. This special appeal has been preferred against the judgment and order dated 19.8.2011, which was modified vide order dated 9.11.2011, passed by learned single Judge in Writ Petition No. 3421 (S.S.) of 1996. Learned single Judge while allowing the writ petition has held as under : "Admittedly, after completion of his minimum eligibility criteria the next promotion orders, may be of a different persons, were issued in the year 1995. In the meantime, Government Order dated 11th of March, 1994 was issued, whereby minimum 10 years experience as Junior Engineer was required alongwith the minimum educational qualification for the Junior Engineer for promotion to the post of Assistant Engineer. The petitioner completed 10 years services as a Junior Engineer either on ad hoc or regular basis only on 23rd of February, 1997. Therefore, it cannot be said that in the year 1995, he was eligible for promotion to the post of Assistant Engineer. In the meantime, the petitioner moved a representation dated 27th of June, 1996 pursuant to the order passed by this Court on 26th of June, 1996 in writ petition No. 3421 (S/S) of 1997. The State Government by means of order dated 27th of August, 1998 rejected his claim for promotion on the ground that his appointment was not of a regular nature, therefore, he is not entitled for promotion to the post of Assistant Engineer. So far as the ground of rejection of the petitioner's promotion that he was not a regular Junior Engineer is concerned, I am of the view that it is settled law of this Court as well as the Hon'ble Supreme Court that once a person is appointed in accordance with law, may be, on ad hoc basis and is continuing in service for a long period, his services shall be counted for promotion. Therefore, I am of the view that since, he completed his 10 years of continuous service as Junior Engineer may be on ad hoc basis and gained the qualification for promotion, he became eligible for promotion to the post of Assistant Engineer just after completion of 10 years service as Junior Engineer. As has been stated here-in-above, he completed his minimum qualification, i.e., B.A./A.M.I.E. in 1993 and 10 years services as Junior Engineer in 1997, therefore, I am of the view that he became eligible for promotion to the post of Assistant Engineer in 1997 in accordance with the Rule as well as the Government Orders against the vacancies, which created immediately thereafter, on the basis of seniority list. The stand of the respondents as has been taken in the order impugned (Annexure-8) that the petitioner still has not been regularized on the post of Junior Engineer, appears to be very incorrect as nothing adverse has been reported against him, but still he has been denied from promotion only for the reason that he is not a regular employee. Since 1987 about 24 years has passed and he has been transferred from one Development Authority to another Authority having blotless carrier. Keeping in view the facts and circumstances as above, I am of the view that he is entitled to be treated as a regular employee in the Department and also for promotion to the post of Assistant Engineer against the vacancy occurred just after completion of his 10 years continuous services as Junior Engineer, may be, on ad hoc basis. Under these circumstances. I hereby quash the order impugned dated 27th of August, 1998 passed by the State Government (Annexure-8) and issue a writ of mandamus to the respondents to consider the petitioner's case for promotion to the post of Assistant Engineer against the vacancy created just after completion of 10 years services in 1997 as Junior Engineer." 5. The writ petition has been filed by the appellant-State for quashment of judgment and order dated 8.10.2012 passed by State Public Services Tribunal whereby Claim Petition No. 770 of 2012 was allowed in favour of the private respondent. 6. The brief background of the case giving rise to instituting two sets of litigations is that the writ petitioner (private respondent herein) having passed High School and Intermediate examinations had also obtained Diploma in Civil Engineering Examination in the first division. 6. The brief background of the case giving rise to instituting two sets of litigations is that the writ petitioner (private respondent herein) having passed High School and Intermediate examinations had also obtained Diploma in Civil Engineering Examination in the first division. By the order dated 24.2.1987, passed by opposite party No. 1, the private respondent was appointed as Junior Engineer (Civil) and thereafter he claims to have performed his duties in an excellent manner. The respondent is a member of centralized services created under the Uttar Pradesh Development Authority Centralized (Service) Rules, 1985 (hereinafter to be referred to as "Service Rules, 1985'). He also passed the prescribed examination of the Institution of Engineers (A.M.I.E.) in 1993. He thus, became eligible for consideration and appointment to the post of Assistant Engineer (Civil) in the Centralized Services of the Development Authorities. He informed the authorities concerned about passing of the said examination and also requested for promotion against the prescribed quota. The posts of Assistant Engineer in the Development Authorities have to be filled equally by direct recruitment and by promotion from amongst the Junior Engineers working in the Development Authorities under the Rules. 7. Against the promotion quota as mentioned above, Government by G.O. No. 5429 (1) (NAU-4-92 dated : 26.8.1992 ordered that such Junior Engineers of the Development Authorities as have passed the B.E./A.M.I.E. examination, without any condition about the length of service rendered by them, shall be promoted as Assistant Engineer against 5% vacancies reserved for degree holders. Since 1987, the posts of Assistant Engineers were not filled by promotion from amongst the Junior Engineers. In the recruitment year, 1984, about 50 or more posts of Assistant Engineers were sought to be filled by promotion. On passing of A.M.I.E. examination, the respondent became eligible for promotion to the post of Assistant Engineer in the year 1993 under sub-rule (3) to Rule 24 of Services Rules, 1985. The eligibility list year-wise of eligible candidates for consideration for promotion has to be prepared after taking the period of year as twelve months commencing from the first day of July of a Calendar Year. As such, the name of the respondent should have been included in eligibility lists for the years 1993, 1994 and also 1995. The name of the respondent was not included in the eligibility lists. As such, the name of the respondent should have been included in eligibility lists for the years 1993, 1994 and also 1995. The name of the respondent was not included in the eligibility lists. Non-inclusion of the name of the respondent in the eligibility list resulted in non-consideration of his case by selection committee or D.P.C. (as the case may be) which met in January 1995. On the basis of the selection, orders of promotion were issued by Government vide the Office Order. No. 146/9A-5-8 E/95 dated January 18, 1995. Four Junior Engineers as mentioned at page 2 of the said Order dated 18.1.1995, possessing B.E./A.M.I.E. degree were promoted on the posts of reserved quota of 5% for B.E./A.M.I.E. candidates. Out of these 4 persons, the persons placed at Sl. No. 3 and Sl. 4, Sri Sunil Dutt Sharma and Sri Amar Pratap Singh are said to have passed the A.M.I.E. examination in 1994 in the year next to passing of the said examination by the respondent. They were included in eligibility list and were also promoted. The representation dated 28.4.1994 of Sri Sunil Dutt Sharma and the official noting made thereon, according to respondent, clearly show that he had passed the A.M.I.E. examination on 19.4.1994. The eligibility list has to be prepared as provided in Rule 21 of Service Rules, 1985, and in accordance with the provisions of the Uttar Pradesh Promotion by selection in consultation with Uttar Pradesh Public Service Commission (Procedure) Rules, 1970. According to those rules, year of recruitment begins from 1st day of July. As such, the names of Sri Sunil Dutt Sharma and Sri Amar Pratap Singh, could not have been included in the eligibility list for the recruitment year 1993. Subsequent to the above order of promotion dated 18.1.1995, another Junior Engineer namely Sri R.P. Singh who passed the A.M.I.E. examination in the summer, 1994 much after the respondent, was also promoted as Assistant Engineer, vide order No. 92 B.I.P./9-Aa-5-156E/95 dated 29.12.1995 against the reserved quota of 5% again ignoring the rightful claims of the respondent for consideration and promotion to the post of Assistant Engineer, before and over these persons. On 4.1.1994, respondent's representation dated 3.1.1994 for allowing him promotion on the post of Assistant Engineer in the reserved quota for B.E./A.M.I.E. was duly recommended by the Secretary, Kanpur Development Authority, Kanpur to the State, after the aforesaid promotion of two persons on 18.1.1995. He again submitted a representation on 28.2.1995. Thereafter, several repeated representations/reminders had been sent by the respondent and all the representations are said to be still pending. For filling 85 vacant posts of Assistant Engineers, the State is said to be considering the cases of Junior Engineers including those of reserved quota for B.E./A.M.I.E. candidates and the promotions are likely to be made shortly. The respondent thus, apprehends that similar order of promotion, as done by the State earlier, could be issued in favour of those other Junior Engineers who have passed the A.M.I.E. examination after the respondent in subsequent years against the reserved quota and the case of the respondent would again be ignored. 8. In the claim petition allowed by the State Public Services Tribunal in favour of the private respondent, it has been held as under : "We have considered the rival submissions. The petitioner has definitely has made out a case for consideration for promotion to the post of Assistant Engineer before the cases of Sri Sunil Dutt Sharma and Sri Sajid Hasan could be considered, because petitioner acquired A.M.I.E. Degree in 1993, while Sri Sajid Hasan and Sri Sunil Dutt Sharma acquired B.E. and A.M.I.E. Degree respectively in the year 1994. The rest of six persons who figure in the impugned order (Annexure-1), are senior to the petitioner in respect of acquiring B.E./A.M.I.E. Degree and length of service as well. The petitioner himself has given a serious thought to the reliefs he is claiming and gave a statement that he will press the relief-II in para 8 of the claim petition and he does not press for relief-I. We are, therefore, inclined to allow the petition in part and pass the following order: The claim petition is allowed in part and the opposite parties are directed to consider the case of the petitioner for promotion from the post of Junior Engineer to Assistant Engineer from 18.1.1995, the date when Sri Sajid Hasan and Sri Sunil Dutt Sharma were promoted on the post of Assistant Engineer and pay petitioner's salary and arrears of salary admissible on the post of Assistant Engineer. The order will be implemented by opposite parties within three month from the date a certified copy of the judgment is produced before opposite parties." 9. Learned State counsel submitted that two persons namely Sri Sunil Dutt Sharma and Sri Sajid Hasan, whom the respondent claims to be his junior, were appointed on ad hoc basis on 18.2.1983 and 24.7.1984 respectively, whereas the respondent was appointed on ad hoc basis on 24.2.1987 as Junior Engineer. Learned State counsel, thus, contends that they were obviously to be placed higher in the seniority list of Junior Engineers. Therefore, when the D.P.C. was held in the year 1995, their cases were given precedence over that of the respondent. However, it is admitted by learned State counsel that the respondent obtained A.M.I.E. degree on 10.10.1993 whereas Sri Sunil Dutt Sharma and Sri Sajid Hasan passed the same examination in the year 1994. However, he contends that at the time of D.P.C. since the total length of their service was more than that of respondent, they were considered by the D.P.C. first and the respondent was to get chance, later, in the next D.P.C. Even in the subsequent D.P.C. held in 2012, the case of respondent was considered by the D.P.C. being within the zone of consideration but was not promoted in the absence of substantive vacancy. Learned State counsel in the end reiterates that no person junior to private respondent has been promoted over his head. 10. On the other hand, the respondent (in person) contends that vide Government Circular of 26.8.1992, the requirement of length of ten years of service for promotion was relaxed. It is also a submission of the respondent that vide the Circular of 11.3.1994 (Annexure-8 to the writ petition), the position as clarified in Circular of 1992 was reiterated and it was mentioned that there shall be promotion to the extent of 50%, out of which 5% will be reserved for the candidates who had obtained the degree of A.M.I.E. In case, no such candidate was available, then the vacancy was to be filled from the Diploma holders. It is also a submission of the respondent that Sri Sunil Dutt Sharma and Sri Sajid Hasan were promoted within the reserved quota of 5%. It is also a submission of the respondent that Sri Sunil Dutt Sharma and Sri Sajid Hasan were promoted within the reserved quota of 5%. It is his further submission that he was eligible in the year 1993-94, even prior to Sri Sunil Dutt Sharma and Sri Sajid Hasan became eligible for being considered. They could not have been promoted prior to him because the condition of length of service was relaxed and the only requirement for promotion to be considered within 5% reserved quota was obtaining of degree, which the respondent had already possessed in 1993. It is also a submission of private respondent that time and again it was clarified by the Department that vacancy for promotion was available right since 1985. Therefore, the candidates who had obtained the degree while serving as Junior Engineers had to be considered against the said vacancy. It is further submission of private respondent that he has been dragged into litigation for past over 19 years for no fault on his part. 11. On due consideration of rival submissions, we find considerable force in the arguments of respondent. The condition of length of ten years' service was relaxed. The respondent, though appointed on ad hoc basis as Junior Engineer on 24.2.1987, had obtained the degree of A.M.I.E. on 10.10.1993 before' Sri Sunil Dutt Sharma and Sri Sajid Hasan who passed the examination in 1994. As the vacancies were available and the private respondent was qualified to be considered for promotion in 1993, he should have been considered even prior to the aforesaid persons. For ready reference, the relevant Circulars dated 26.8.1992 and 11.3.1994 of the State Government being in Hindi are reproduced as under: "Circular Dated 26.8.1992 Thus, we are of the view that the special appeal as well as the writ petition does not have any merit. Filing of these petitions has only delayed the process of promotion of the respondent who in any case was eligible to be considered prior to Sri Sunil Dutt Sharma and Sri Sajid Hasan. Thus, we do not find any illegality in the impugned judgment passed by learned single Judge as well as the judgment of State Public Services Tribunal. Hence, both the petitions, namely, Special Appeal No.75 of 2012 and Writ Petition No.523 (S.B.) of 2013 are dismissed.