G.S.Singhvi, J. - (1.) The petitioner who has rendered over 27 years of service by now, as Salt Inspector in Rajasthan Rajya Lavan Udyog, Didwana, and who was aspiring for promotion as Assistant Manager, the first one in his service career, has approached this Court by way of filing this petition under Article 226 of the Constitution of India with the prayer for quashing of the order dated 3.6.91 (Exhibit 3) issued by the General Administration Department (G.A.D.) by which Respondent No. 3 has been ordered to be absorbed on the post of Assistant Manager in Rajasthan Rajya Lavan Udyog, Didwana.
(2.) The facts of the case are that the petitioner was selected for the post of Salt Inspector and was appointed by direct recruitment vide order dated 13.11.1964 at Rajasthan Rajya Lavan Udyog, Didwana, which is run by the State Enterprises Department, Government of Rajasthan. He was confirmed on this post with effect from 21.10.70. In the seniority list of Salt Inspector issued on 25.3.87 by the Silt Commissioner, name of the petitioner has been shows at serial No. 4. S/Shri U.C. Purohit and Roop Singh, whose names appear at serial Nos. 1 and 3 had been promoted as Assistant M onager in the past and Shri Jagan Lal, whose name appears at serial No. 2 has died. Sari U.C. Purohit, Assistant Manager was further promoted as Manager on 10.4.91 and that is have a vacancy in the cadre of Assistant Manager his become available and according to the petitioner he has a right to be promoted on the basis of his seniority and -suitability. He was givens charge of this' post on 12.4.91. A-person holding the post of Salt Inspector with five years experience on the said post is eligible for promotion as Assistant Manager.
(3.) Respondent No. 3 was 'working as Assistant Chemist at Rajasthan State Chemical Works Didwana, another unit which is being run by the State Enterprises Department of the Government of Rajasthan.. According to the petitioner, he was declared surplus on 10-4-91. He was absorbed in the Agriculture Marketing Department where he reported for duty on 22-4-91. Further case of the petitioner is that after the post of Assistant Manager in' Rajasthan Rajya Lavan Udyog, Didwana became vacant, Respondent No.3 made manipulations at the departmental level resulting in a communication by the Director, Agriculture Marketing to the General Administration Department that since Respondent No. 3 is not a Science Graduate in Chemistry, he is not entitled, to be posted as Chemist in Marketing Department and he may be sent,elsewhere. Thereafter the General Administration Department issued another order dated 3-6-91. The earlier. order of absorption of the petitioner was cancelled and he was ordered to be, absorbed as Assistant Manager, Rajasthan Rajya Lavan Udyog, Dipwana. The petitioner protested against this order because he felt that his promotion is being stultified by this order of absorption issued in favour of Respondent No. 3.;