NIRMAL CHANDRA SAINI Vs. STATE

JUDGEMENT

(1.) THIS special appeal under Section 18 of the Rajasthan High Court Ordinance is directed against the judgment and order dated 26.3.96 passed by the Learned Single Judge whereby the petitioner's writ petition against the order of the Rajasthan Civil Services Appellate Tribunal was dismissed.

(2.) THERE are two sets of Rules namely, the Rajasthan Agriculture Subordinate Service Rules, 1978 (for short `the Rules of 1978') and the Rajasthan Agriculture Service Rules, 1960 (for short `the Rules of 1960'). The post of Assistant Agriculture Engineer included at S.No. 14 of the Schedule appended to the Rules of 1960 is the lowest post under Section III i.e. Agricultural Engineering. This post is required to be filled 50% by promotion and 50% by recruitment as mentioned in Col.III and Col.IV against it respectively. The promotions on this post of Assistant Agriculture Engineer are required to be made from amongst the holders of the post of Junior Engineer and equivalent post in Raj. Agriculture Subordinate Service of Engineering Section. THEREfore, the post of Junior Engineer or any post equivalent thereto belonging to the Rajasthan Agriculture Subordinate Service is the feeder post for the purpose of promotion to the post of Assistant Agriculture Engineer included at S.No. 14 of the Schedule appended to the Rules of 1960 under Section III of the Agricultural Engineering as mentioned herein above.

(3.) WE have heard learned counsel for the parties, have gone through the impugned orders and the material available on the record and we have also gone through the relevant Rules.