Mohammad Rafiq, J. - (1.) THIS writ petition even though was listed for orders on second stay petition but, with the consent of both the parties, was finally heard and is being decided by this judgment.
(2.) PETITIONER has approached this Court with grievance that he has been overlooked for promotion to the post of Executive Engineer from 28.10.1999, the date when his juniors were promoted, and prayed that he be promoted with effect from that date with all consequential benefits. Ms. Shalini Sheron, learned Counsel for petitioner, contended that source of recruitment for appointment on the post of Executive Engineer as per the R.S.E.B. Service of Engineers (Recruitment, Promotion and Seniority etc.) Regulations, 1969, is hundred percent by promotion on the basis of seniority - cum -merit, suitability/seniority -cum -merit, which is further bifurcated to be made 67% by seniority -cum -merit and 33% by merit alone. Petitioner is a degree holder Assistant Engineer having service experience of five years with the Respondent and, therefore, as per Regulations 22 and 24 of the said Regulations, he was eligible for promotion on the post of Executive Engineer (Electrical).
(3.) A tentative seniority list of Assistant Engineers (Electrical & Mechanical) was published by respondents on 31.03.1984 by R.S.E.B., wherein name of petitioner appeared at Serial No. 825, whereas that of Shri Satya Prakash Verma at Serial No. 828, Shri Rajendra Kumar Joshi at Serial No. 839, Shri Ravindra Pal Singh at Serial No. 851, Shri Girish Prasad Garg at Serial No. 856, and Shri Mrigesh Kumar Jain at Serial No. 868. After dissolution of R.S.E.B. into five different electricity companies, petitioner and all the aforesaid persons became members of Rajasthan Rajya Vidyut Prasaran Nigam Limited (for short, 'RRVPNL'). In above referred to seniority list, their names were placed much lower than petitioner in the seniority, yet they were granted promotion ignoring the petitioner. Reference is made to promotion granted to Shri Satya Prakash Verma, although on ad hoc basis, under Regulation 26 of the Regulations with effect from 28.10.1999. Shri Satya Prakash Verma, who was junior from petitioner, was granted promotion by order dated 06.05.2000. Final seniority -list issued by RRVPNL on 31.01.2001 contains name of petitioner at Serial No. 28, whereas names of his juniors i.e. Shri Rajendra Kumar Joshi find place at Serial No. 30, Ravindra Pal Singh at Serial No. 32, Girish Prasad Garg at Serial No. 33, Mrigesh Kumar Jain at Serial No. 34 and Shri Anil Rastogi at Serial No. 55. The respondents again, on recommendation of Selection Committee and with approval of Chairman and Managing Director, RVPNL, made promotions on the post of Executive Engineer under Regulation 25 of the Regulations; and, by order dated 20.08.2001, above referred to juniors of petitioner were promoted on the post of Executive Engineer (E&M). Final seniority list of Assistant Engineer (Electrical & Mechanical) as on 01.01.2003 was published from the office of respondent and therein name of petitioner finds place at Serial No. 17 and that of Shri Anil Rastogi at Serial No. 32. When Shri Anil Rastogi was superseded by his juniors in the matter of promotion on the ground of penalty of censure awarded against him; he filed S.B. Civil Writ Petition No. 6050/2003, which was allowed by a Coordinate Bench of this Court vide judgment dated 16.03.2004, following ratio of Division Bench decision of this Court in State of Rajasthan v. Aklanks Kinde and Ors. reported in, 1982 Lab I.C. 1848. Being aggrieved thereby, respondents filed D.B. Civil Special Appeal (Writ) No. 279/2004, which was dismissed vide order dated 27.05.2004.;