- (1.) Anil Kumar Garg (petitioner) by way of this petition has sought appropriate writ, order or direction:-(a) for declaring promotion order dated 14.7.1995 (Ann.3) as illegal and arbitrary which relates to the promotion of S.L. Bora and R.K. Gulati (respondents 2 and 3) to the post of Deputy Housing Commissioner for the year 1994-95 and 1995-96; and (b) for directing the respondent Board to consider his case and promote him against vacancies of the years (1994-95 or 1995-96) with all consequential benefits besides seniority flowing therefrom and (c) for quashing and setting aside instruction No.7 of Circular relating to the procedure for being followed by the DPC in respect of Government servant under loud and/or sealed cover procedure applicable to officer coming under loud after holding of DPC but before promotion.
(2.) The petitioner having requisite qualification of B.E. (Civil) was initially appointed as Junior Site Engineer in the Rajasthan Housing Board (respondent 0.1) (for short 'the Board') after a regular selection and subsequently he was promoted as Site Engineer under order dated 18.9.1976, and as Resident Engineer by order dated 2.5.1986 but on temporary basis. Similarly undisputably after consideration of the objections, provisional seniority list of the Resident Engineers published on 29.3.1989 was made final which consisted of the Engineers who had been promoted through Departmental Promotion Committee (for brevity DPC) upto 23.8.1986 and as the petitioner was admittedly not selected, so his name did not appear in that seniority list. However, as a result of review DPC the petitioner was promoted through regular selection to the post of Resident Engineer for the year 1986-87 as would be evident from order dated 14.7.1995 (Ann.2) according to which, R.K. Gulati (respondent 3) was admittedly senior to the petitioner because in that promotion order, the petitioner's name appeared at S.No.3 while respondent 3's at S.No.2.
(3.) A dispute came to have arisen when the petitioner was not selected and promoted from the post of Resident Engineer to higher post of Deputy Housing Commissioner whereas by impugned and another promotion order dated 14.7.1995 (Ann.3), S.L. Bora (respondent 2) was promoted for the year 1994-95 against the vacany of merit quota on the basis of seniority and merit, and for the year 1995-96 R.K. Gulati (respondent 3) was promoted on the basis of merit alone.;