M.B.Sharma, J. - (1.) A very short question is involved in this writ petition as to whether the post of Senior Surveyor should be encadered in the Rajasthan Mines and Geological Service Rules, 1960 (for short, the 'rules'). This question has arisen because the aforesaid post of Senior Surveyor have been created by the Government in 1977. The petitioners were appointed on that post under order.dated 17th Jan., 1980 (Annexure/2) in the grade of Rs. 550-1010, which has been revised from time to time. The petitioners have no promotional avenues under the Rules, i.e. Rajasthan Mines and Geological Service rules, 1960 and so also in the Rajasthan Mines and Geological Subordinate Service Rules, 1960. Under the Schedule to the Rajasthan Mines and Geological Subordinate Service Rules, 1960 (hereinafter referred to as the Subordinate Service Rules), item No. 3 (i) there is a post of Assistant Mining Engineer and at item No. 3 (ii) there is a post of Asstt. Mining Engineer (Recovery) and they are to be filled 50% by direct recruitment and 25% by promotion from diploma - holders and 25% by promotion from Degree-holders. As per Col. 5, the Channel of promotion is from Mines Foremen Gr.I with three years' experience in case of holder of degree in Mining Engineering or equivalent and 7 years' experience in case of Diploma holders in Mining Engineering from a recognised Institution on any post in Subordinate Mines and Geological Service not lower than Mines Foreman Grade-II.
(2.) Petitioner No. 1 is a diploma-holder in Mining Engineering. He was appointed as Surveyor in the department of Mines and Geology, Government of Rajasthan on 19th Oct., 1965, where he joined on 28th October, 1965. After having placed on probation under Rule 29 of the Subordinate Service Rules, by order dated 16th July, 1974, with effect from 21st November, 1966 and was confirmed as Surveyor with effect from 21st November, 1968.
(3.) So far as petitioner No. 2 is concerned, he was also appointed as Surveyor vide order dated 16th Feb., 1966. He was placed on probation with effect from 21st November, 1966 and was treated as confirmed with effect from 21st November, 1968. The petitioners along with Murlidhar Harsh were promoted as Senior Surveyor by an order dated 17th January, 1980. The aforesaid post of Senior Surveyor was created by the Government in 1977, but the same does not appear to have been encadered in the Subordinate Service Rules. Despite the post having not been encadered as aforesaid, the petitioners continued to work as Senior Surveyor. They were not promoted as Assistant Mining Engineer because the post of Senior Surveyor was not encadered in the Subordinate Service Rules and, therefore, none of them were considered to be eligible.;