S.N. Bhargava, J. - (1.) AS per the facts mentioned in the writ petition, Shri Vijay Singh Deora (Petitioner), after obtaining the Degree of B.E. (Civil) from M.B.M. Engineering College, Jodhpur, in 1976, got himself registered with the Department of Man Power, Government of Rajasthan. He was appointed as Junior Engineer (Civil) in the Irrigation Department vide order dated 28.1.1977 (Annexure -1) on purely temporary basis till the selected candidates were available. The petitioner joined the service on 4.2.1977 and since then, he is working as Junior Engineer. No selections service on 4.2.1977 and since then, he is working as Junior Engineer. No selections were held till 30.6.1978. An advertisement was issued on 26.7.1978. (Anx. 2) inviting applications for filling the vacancies of Junior Engineer (Civil). However, a note was appended in the advertisement that only those candidates who had joined service after 30.6.1978 could apply. The candidates who were selected in pursuance of the said advertisement were appointed on ad hoc basis as Junior Engineer vide order dated 24.11.1978 (Anx. 3), on purely temporary basis, till the persons duly selected were made available. A corrigendum (amendment) to this order was issued on 17.11.1980 (vide Annexure -4) whereby ad hoc promotions were declared to have been made regular. It was further stated that those who were working in the Department since prior to 30.6.1978, their cases were to be decided by screening for which the Rules were being amended and the regularisation vide order dated 24.11.1978 shall not adversely affect the seniority of those appointed prior to 30.6.1978. Similar orders were passed with respect to other ad hoc appointees appointed in pursuance of various advertisements issued after the advertisement (Annexure 2). The Rajasthan Engineering Subordinate Service (Irrigation Branch) Rules, 1967 (hereinafter referred to as the 'Rules of 1967') were amended vide notification dated 5.1.1981 and proviso (8) was added to Rules 6, which reads as under: (8) Provided further that the persons who were appointed to the post included in Group II and in the posts of Ziledar included in Group -III of the Schedule, on ad hoc/officiating urgent temporary basis upto 30.6.1978 and continuously working as such or on higher posts or would have held these posts but for their deputation elsewhere on the date this proviso comes into force, shall be screened by a committee referred to in rule 24 for adjudging their suitability on the post held on 30.6.1978, provided they possess the qualifications prescribed in those Rules either for direct recruitment or for promotion on the prescribed qualifications on the basis of which the persons were selected for ad hoc/officiating/urgent/temporary/appointment. This provision shall be subject to the following conditions: (a) that a person appointed on ad hoc basis shall not be entitled to screening for a post higher than to which he was initially appointed, if a person senior to him on lower post who fulfilled qualification prescribed for the post was either not given such ad hoc appointment or is not entitled to screening under this proviso. Seniority of ad hoc employees for this purpose shall be according to length of continuous service on a post; and (b)... Rule 28 of the Rules of 1967 was also amended by adding two new provisions (8) and (9) as under: (8) that the seniority inter se of persons appointed under proviso (8) and to Rule (6) shall be determinated on the basis of their length of continuous service. (9) that the persons appointed under proviso (8) to Rule 6 shall rank junior to those appointed in accordance with Part IV of these rules before coming into force of the said proviso. The aforesaid proviso (9) to Rule 28 of the Rules of 1967 was again substituted vide notification dated 24.9.1983, which runs as under: (9) that the persons appointed under proviso (8) to Rule 6 shall rank junior to those appointed in accordance with Part IV of these rules before 25.9.1970 and shall rank senior to those appointed under the said part of the rules after 30.6.1978.
(2.) JUNIOR Engineers who were appointed prior to 30.6.1978 were screened on 22.12.1984 and a seniority list of Junior Engineers appointed upto 30.6.1978 was issued on 27.12.1984 which shows that the screening was done for the appointees between July, 1966 to June, 1978. The petitioner's name appeared in the aforesaid seniority list at Serial No. 329. In the aforesaid seniority list, the names of those persons who were initially Diploma Holders but later on acquired the qualification of B.E./A.M.I.E. and who were appointed to the post of Junior Engineer by transfer, from the cadre of Sub Engineer, after the date of petitioner's appointment, were shown below the petitioner. Another seniority list was issued on 20.2.1985 and 28.3.1985 wherein the names of those Junior Engineers who were appointed after 30.6.1978 came to be included but the position of those who were appointed prior to 30.6.1978 and who were screened as referred to above, were placed above them. The said seniority list dated 27.12.1984 was challenged before this Court byway of several writ petitions which were disposed of by a common order dated 3.2.1986 (Anx. 5) whereby the list dated 27.12.1984 was to be treated as tentative seniority list and it was directed that the objections may be invited and after hearing the objections, a fresh seniority list may be issued.
(3.) THE seniority list dated 27.12.1984 was also challenged by another batch of five appeals before the Rajasthan Civil Services Appellate Tribunal and the Service Tribunal quashed the seniority list by its order dated 24.3.1986, notwithstanding the order of the High Court dated 3.2.1986, having been brought to their notice. The aforesaid order of the Service Tribunal dated 24.3.1986 was challenged in Writ Petition No. 2443/1986 at Jodhpur and the operation of the order of the Tribunal was stayed vide order dated 30.10.1986. However, one Shri Amanat Rai Deewan, who was one of the respondents in that writ petition filed a writ petition in this Court at Jaipur Bench, being Writ Petition No. 204/1986, impleading only the Government and its officers as respondents. However, after 2 or 3 adjournments, ultimately, a direction was issued by this Court on 30th November, 1983, to implement the Tribunal's, order dated 24.3.1986 within a period of two months. In Writ Petition No. 2443/1986, the stay order dated 30.10.1986 was vacated during the lawyers' strike and therefore, the said Writ petitions was ultimately withdrawn on 2.5.1988, with liberty to file a fresh writ petition. Meanwhile, the Chief Engineer passed on order on 30.1.1988 (Anx. 6) directing that till the seniority list dated 27.12.1984 is not finalised, the seniority list dated 22.7.1980 shall remain provisional. Yet, another order was passed on 1.4.1988 (Anx. 7) whereby the order dated 30.1.1988 was amended to the effect that the statement with respect to the seniority list dated 22.7.1980 and 27.12.1984 was deleted and an order these orders, Writ Petition No. 1320/1988 was filed at Jodhpur, by Shri Dinesh Lal Mathur who had earlier filed Writ Petition No. 2443/1986. Another Writ Petition No. 2315/1988 was filed by Shri M.L. Kansara at Jodhpur. Shri Amanat Rai Deewan also filed Assistant Engineers (Civil), against the vacancies of the year 1978,1979 and 1980, on the basis of the seniority list dated 27.12.1984. The said appeal was accepted and the State was directed to consider the cases of promotion afresh.;