BHARUCHA - (1.) LEAVE to appeal granted.
(2.) THESE two appeals arise upon a common judgment delivered by a division bench of the Rajasthan High court and they can be decided together. By that judgment the division bench set aside the judgment and order of the learned Single Judge upon the writ petitions filed by the appellants in these two appeals and dismissed the same. The appellant Bhagirathdan [in Special Leave Petitions (C) Nos. 10451-52 of 1988]was appointed an Assistant Engineer in the State Woollen Mill at Bikaner on 18/07/1972. Upon being declared surplus therein he was appointed an Assistant Mechanical Engineer in the Mines and Geology Department of the State of Rajasthan (the first respondent) on 12/12/1975. On 25/09/1973 the appellant Himmat Singh [in Special Leave Petition (C) No. 11711 of 1988] was appointed an Assistant Mechanical Engineer in the Mines and Geology Department. Between May 20, 1977 and 11/08/1982 promotions to the post of Deputy Drilling Engineer were regulated by Entry 6 of the Schedule to the Rajasthan Mines and Geological Service Rules, 1960, as amended on 20/05/1977. The said Entry read thus: JUDGEMENT_64_4_1992Html1.htm
(3.) ON 30/09/1977 two posts of Deputy Drilling Engineer fell vacant. The appellants filed writ petitions in the Rajasthan High court praying that the State government be directed to consider their cases for promotion to the post of Deputy Drilling Engineer and, if found suitable, to be so promoted with effect from the date upon which the vacancies occurred. The appellants also challenged the appointment of the third and fourth respondents to these appeals to take charge of the vacant posts of Deputy Drilling Engineer on the ground that these respondents were much junior to them. On 11/08/1982, the State government issued a notification amending the said Entry 6 of the Schedule and thereby, in column 5, the words "Assistant Mechanical Engineer" were deleted. On February 17, 1984 the State government issued an order banning promotions to the post of Deputy Drilling Engineer in the Mines and Geology Department for the period May 20, 197 7/03/1983.;