Rajiv Narain Raina, J. - (1.) The dispute in this petition brought under Article 226 of the Constitution is regarding promotion to the post of Sub Divisional Engineer in the Maharishi Dayanand University, Rohtak. The petitioner lays challenge to the order dated December 28, 2012 promoting the 4th respondent-Jai Kishan as Sub Divisional Engineer (Civil-1) [for short 'SDE (C)']. The petitioner belongs to the Civil Engineering Wing of the University, while the 4th respondent to the Drawing Branch. The petitioner was appointed as a Junior Engineer on February 19, 1991 which the 4th respondent castigates was a back door entry on ad hoc basis without advertising the post. It is not disputed that the petitioner was appointed as a Junior Engineer on regular basis on October 28, 1993.
(2.) The 4th respondent's career graph is as follows: He was appointed as a Draftsman (Civil) on regular basis on February 25, 1992. Promoted as Head Draftsman on October 22, 2002, he was given current duty charge of the post of SDE (C) on August 21, 2008 and continued as such till he was promoted on regular basis on December 28, 2012 vide order at Annex P-14, which order the petitioner impugns in this petition claiming thereby he was wrongly and illegally ignored in the matter of promotion and for reasons elaborated below deserves to be invalidated by a writ of certiorari in the present proceeding brought under Article 226 of our Constitution.
(3.) Not only has the petitioner challenged the order of promotion dated December 28, 2012 but also the initial order dated September 27, 2008 giving current duty charge of the higher post of SDE to Jai Kishan in advance to keep, as they say, the post warm till actual promotion. The charge was given in addition to his duty as a Head Draftsman. The case of the petitioner;