J.R. Chopra, J. - (1.) THIS writ petition is initially filed by the petitioner against the State of Rajasthan. The Chief Engineer Public Works Department Rajasthan, Jaipur and Shri J.K. Soni on 6.1.1987 alongwith number of annexures and affidavits.
(2.) A reply to the show cause notice was filed by the respondent No. 3 on 30.3.87 alongwith certain annexures. On behalf of respondent No. 1 State of Rajasthan, a reply was filed on 13.7.87. The petitioner filed separate rejoinders along with certain documents to the replies filed by respondent Nos. 1 and 3 on 7.10.87. A reply to the rejoinder was filed by respondent No. 3 on 21.10.87 and to that, a further rejoinder was filed by the petitioner on 8.11.87 alongwith certain documents. The respondents thereafter filed a rejoinder to the reply on 13.11.87. An additional affidavit was also filed by respondent No. 3 Shri J.K. Soni on 17.11.87. A rejoinder to the reply of respondent Nos. 1 and 2 was filed by the petitioner on 3.2.88 and a reply to the rejoinder to the reply to the writ petition was again filed by the respondents on 12.8.88. To it, a further rejoinder was filed by the petitioner on 1.11.88 and a reply to the rejoinder filed by the petitioner in reply to the writ petition, was again filed on behalf of respondents Nos. 1 and 2 on 12 A 1989. Thereafter it appears that Shri J.K. Soni and Shri S.C. Purohit were promoted as Executive Engineers and, therefore, an application for amendment of the writ petition was filed. A reply to the amendment application was filed and ultimately, the application for amendment of the writ petition was allowed and the amended writ petition has been filed on 17.1.90 and its reply has been filed by the respondent No. 3 Shri J.K. Soni on 4.2.1990. Although, the State maintained its earlier reply but a rejoinder to that reply was filed by the petitioner and this is how the record has become bulky. Be that as it may, the facts necessary to be noticed for the disposal of this writ -petition briefly stated are: that the petitioner Basti Ram Mangal had obtained a Diploma in Electrical Engineering in the year 1958 and entered the services of the Govt. of Rajasthan as an Overseer (Engineering Subordinate) in Public Works Department (B & R) on ad hoc basis in 1958. Thereafter, the post was advertised by the Rajasthan Public Service Commission and he was selected by the R.P.S.C. vide an order dated 4.11.59 as will be clear from Annex. 1 seniority -list dated 27.5.68. It is alleged that on 9.2.66, he was asked to look -after the work of Assistant Engineer (Electrical). Later on 24.6.68, his term as an Assistant Engineer (Electrical), hereinafter referred to as 'A. En.' was extended from 10.2.66 to 9.6.66 vide Annex. 2. This appointment was then extended upto 10.6.67. It is alleged that the post of A. En. at Jodhpur was put under abeyance on 1.7.67 but no orders of reversion of the petitioner were passed and in physical terms, the petitioner continued to discharge the duties of A. En. It is alleged that on 1.6.70, petitioner was again appointed as A. En. but he was on long leave and, therefore, he could not avail this chance and, therefore, another order dated 30.8.71 was passed whereby the petitioner was appointed as A. En. on ad hoc capacity. The order dated 30.8.71 has been produced as Annex.3. The petitioner joined his duty as A. En. on 18.9.71. In the year/1974, the Departmental Promotion Committee was convened and it considered the case of the petitioner and the result of the D.P.C. was put under a sealed cover because the enquiry Under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 was pending against him. The enquiry however was concluded in the year 1976 and a minor punishment of stoppage of one annual grade increment was imposed on him vide an order dated 15.7.76. However, the D.P.C. vide its order dated 1.9.80 approved him for promotion to the post of A. En. and he was allotted the year 1979. The petitioner therefore protested vide his order representation dated 13.12.80 and, therefore, an order came to be issued on 4.9.81 whereby he was allotted the year of selection as 1975, marked as Annex. 5. Against this order also, he made a representation on 23.5.83, a copy whereof is Annex. 3 and it was claimed by him that he was entitled to be given promotion from the promotion quota in the year 1968 because that was the year in which he completed ten years' service as Engineering Subordinate. That representation came to be rejected vide Annex. 7 dated 20.9.86 and hence this writ petition.
(3.) IT is alleged that one Shri Bihari Lal who was junior to him and was not possessed of the Diploma but was appointed as Engineering Subordinate vide order of the R.P.S.C. dated 4.11.59, was accorded promotion to the post of Assistant Engineer on ad hoc basis in the year 1965 vide order dated 6.3.65 marked Annex. 8. As he was not eligible and, therefore, on representation of the petitioner, the Government passed an order for his reversion on 25.4.70 vide Annex.9 but the Chief Engineer did not give effect to that order and before Shri Bihari Lal attained the age of superannuation and retired. It has been claimed that Shri Bihari Lal was junior to him and therefore the petitioner should be promoted from the date Shri Bihari Lal was accorded promotion as A. En. i.e. from 6.3.65 and if that cannot be done then atleast he should be accorded promotion from the date he has completed ten years of service i.e. in the year 1968.;