- (1.) THE case of the petitioner is that he is a confirmed Welder with effect from 9. 9. 1966. According to him, promotion to the post of Mechanic Gr. I is accorded from amongst the holders of the post of Mechanic Gr. II and the Weldors as per item No. 15 of the Schedule appended to the Rajasthan Ground Water Subordinate Service Rules, 1973 (for short 'the Rules' ). He has submitted that some persons who were working as Mechanic Gr. II were promoted as Mechanic Gr. I, prior to the coming into force the aforesaid Rules, on ad-hoc basis, and some more persons who were working on the posts of Mechanic Gr. II were also promoted on the post of Mechanic Gr. I on ad-hoc basis after coming into force of the aforesaid Rules. According to him, these persons were promoted on ad-hoc basis without considering the case of Weldors including himself, who were eligible for promotion to the post of Mechanic Gr. I. He has submitted that respondents No. 3 to 6 are from amongst the persons who have been promoted as Mechanic Gr. I on ad-hoc basis, after the coming into force the aforesaid Rules without considering the cases of the Weldors including himself. He has claimed that he is senior to all these persons on the basis of a combined seniority lists (Ex. 3, 4 and 5) dated 15. 9. 77, 5. 5. 86 and 6. 6. 86. He has also made certain representations. He has submitted that the respondents No. 3 to 6 are being continued on ad-hoc basis since 1973 and no DPC has been convened so far to make substantive appointments on the post of Mechanic Gr. I under R. 26 of the Rules. He has further submitted that the Govt. is under an obligation under R. 24 of the Rules to determine the number of vacancies and to prepare a complete and correct list of the persons upto the 10 times of the number of vacancies out of the senior most persons, who are qualified for promotion to the post of Mechanic Gr. I and to get the competent persons selected under R. 24 (2) of the Rules. He has, therefore, prayed for the issuance of a writ, order or direction to respondents No. 1 and 2 to discontinue the ad-hoc promotion of respondents No. 3 to 6 and further to make selections for the post of Mechanic Gr. . I from amongst the eligible Mechanic Gr. II and Weldors.
(2.) REPLIES to the writ petitions have been filed on behalf of respondents No. land 2 and respondents No 3 separately. While deciding D. B. Civil Writ Petition No. 743 of 1989, Salamudeen Vs. State of Rajasthan and another, decided on December 19, 1989, we have already taken the view that the entry 'weldor' in column No. 4 of item No. 15 relating to the Mechanic Gr. I of the Schedule appended to the Rules has been held to be ultravires of Arts. 14 and 15 of the Constitution. The petitioner Is a confirmed Welder and he has not been considered for promotion, when his Juniors i. e. respondents No. 3 to 6 were considered for promotion and were granted promotion on ad-hoc basis on the post of Mechanic Gr. I. When the relevant rule laying down provision for promotion to the post of Mechanic Gr. I from amongst the Welders has been held to be ultravires of the Constitution then ho direction can be given to the respondents to prepare a list of eligible persons for promotion yearwise under r. 24 of the Rules. In Salamudeen's case, while relying on certain observations of their lordships of the Supreme Court in Ragunath Pd. Singh vs. Secy. Home (Police) Department, Govt. of Bihar (1), the respondents have been directed to amend the Rajasthan Ground Water Sub-ordinate Service Rules, 1973 by providing two more promotional avenues to the Welders. Such an amendment has been directed to made within six months from the date of the decision in Salamudeen's case. Thus, the petitioner will be considered accordingly for further promotion on the basis of the Rules, which shall be amended under the directions of this Court within a period of six months from today. For the present, he is not entitled to the relief sought through this writ petition for his selection on the post of Mechanic Gr. 1. In the result, this writ petition has no force and it is hereby dismissed with a direction to the respondents No. 1 and 2 to amend the Rajasthan Ground Water Sub-Ordinate Service Rules, 1973 by providing two more promotional a venues to the Welders. Such an amendment should be made within six months from today. In the circumstances of the case, the parties are directed to bear their own costs of this writ petition. .;