JASRAJ CHOPRA, J. - (1.) THESE two writ petitions raise almost identical questions of law and facts and, therefore, they were heard together and are being disposed of by a common order.
(2.) THE facts necessary for the disposal of these two writ petitions briefly stated are: that the petitioner Shri B.N. Bhootra being an Engineering Graduate joined his service as Junior Engineer with the State of Rajasthan in Public Works Department (B&R;) on 15.7.1961 and was selected for the same post by the RPSC in the year 1963. Before his confirmation as Junior Engineer, he applied for selection to the post of Assistant Engineer as a direct recruitee and he was selected by the RPSC on the post of Assistant Engineer and he was appointed as Assistant Engineer vide order dated 5.7.1965. However, when the petitioner was not confirmed as Junior Engineer with effect from 31.12.1963 and was not further considered for promotion in the year 1965 as Assistant Engineer, he filed an appeal before the Rajasthan Civil Service Appellate Tribunal, Jaipur (for short 'the Tribunal'), which came to be decided vide order dated 7.12.1981. The learned Tribunal has observed as under: We, therefore, accept this appeal and direct to confirm the appellant with effect from 31.12.1963 and to consider his case regarding eligibility as Assistant Engineer in Departmental Promotion Committee of 1975 for according promotion under backlog rules within two months. The 19 75 DPC allotted year of 1965 to the appellant as direct recruit consequent upon his confirmation as Engineering Subordinate with effect from 31.12.1963, he acquires eligibility for the post of Assistant Engineer in 1965 and has then a right to be considered under earlier vacancy rules in promotion quota of 1965. Likewise, the respondents Shri D.R. Calla and S.D. Vyas would be benefited. Naturally, under promotion quota they would rank senior of these officers of direct recruitment quota in the same year and the seniority list be revised accordingly. This should also be done within two months after issuance order of confirmation of appellant with effect from 31.12.1963 by PWD (B&R;). However, in pursuance of the aforesaid order of the Tribunal, the petitioner was confirmed as Engineer with effect from 1.9.1965. It was contended by the petitioner that he having been ordered to be confirmed with effect from 31.12.1963 and having become entitled to be promoted as Assistant Engineer in the vacancies of the year 1965 has become eligible for promotion as Executive Engineer in the year 1969. According to the petitioner, the Public Health and Engineering Department, which formerly was a part of the Public Works Department bifurcated from its parent Department with effect from 30.8.1965 and so, the petitioner gave his option for being absorbed in the Public Health and Engineering Department. His grievance is that he was not considered and promoted to the post of Executive Engineer in the year 1969, when he became entitled for that post because by that time no adverse entries existed against him. He has submitted that an adverse entry came to be recorded against him in the year 1967 -68 which came to be expunged in the year 1974. Thereafter, adverse entries were recorded in the year 1969 -70, 1970 -71 and 1971 -72 but they were conveyed to him after the DPC met on 13.1.1975 and 17.1.1975 and, therefore, they could not have been considered. He has submitted that a DPC met in the year 1973 but it did not approve him on account of adverse entries of the year 1967 -68 and, therefore, he was sought to be reverted to the post of Assistant Engineer.
(3.) AGGRIEVED against this, he filed a writ petition before this Court and that writ petition came to be decided by this Court on 15.10.1974 see Umed Med Lodha and Ors. v. State of Raj. and Ors. 1974 WLN 945. In that writ petition, a learned single Judge of this Court passed the following order: In the result, therefore, I order that a DPC shall be convened within a period of three months to consider the cases of the petitioners as respondents No. 3 to 17 in Shri Umedmal's case. The writ petition of Shri N.C. Rajvanshi is dismissed against respondents No. 3 to 11 and Nos. 12 to 27. It is allowed against respondents Nos. 28 to 44 in Shri Rajvanshi's case and such of the respondents who are found eligible by the DPC shall be considered for promotion alongwith the writ petitioners. The orders passed in Shri Rajvanshi's case shall govern the writ petitions of Shri Badri Narain and Shri Shyamdass. The writ petitioners Sarvashri N.C. Rajvanshi, Badri Narain and Shyamdass, who are working on temporary basis as Executive Engineers like respondents No.3 to 11 (viz., SarvashriS.S. Shekhawat, V.S. Ahlawat, D.K. Karnawat, P.C. Jain, H.C. Nakra, D.S. Pardi, Dhanraj, M.L. Bohra and Niranjan Purohit) as also these respondents will continue to work as such till the DPC makes its recommendations afresh and the Govt. in pursuance make fresh appointments according to law. The petitioner has submitted that in pursuance of the directions given by this Court in the aforesaid Judgment, the DPC was convened and it met on 13.1.1975 and 17.1.1975 but it did not approve the petitioner for promotion to the post of Executive Engineer against the vacancies of the year 1973 but he was approved for promotion to the post of Executive Engineer against the vacancy of the year 1974. He has submitted that as a departmental enquiry was initiated against him in the year 1974, the recommendations of the DPC were kept in a sealed cover. However, the petitioner continued to work as Executive Engineer from the year 1969 when he was temporarily promoted as Executive Engineer. An order to that effect was passed on 31.3.1975 by the Secretary to the Govt., Medical and Public Health Department, Gr. Ill, Jaipur whereby it was ordered that the cases of Serve Shri S.D. Vyas and Shri B.N. Bhootra for promotion to the post of Executive Engineer (Civil) were considered by the DPC on 13.1.1975 and 17.1.1975 but since the DPC has reserved its recommendations in their cases for the present, the question of their promotion is under consideration and two vacancies have been reserved for them. It was further ordered that till the matter regarding their promotion is decided, Sarva Shri S.D. Vyas and B.N. Bhootra are allowed to continue as Executive Engineers on temporary basis. It is alleged that vide order Annexure -7 dated 12.1.1984, it was held that consequent upon the determination of year wise vacancies of Executive Engineer (Civil) and in continuation of the earlier order dated 31.3.1975, the case of Shri B.N. Bhootra was considered by the DPC for promotion in the year 1974 and on the recommendations of the DPC, it has been decided to reserve one post of Executive Engineer (Civil) in the year 1974 for Shuri B.N. Bhootra. It was further ordered that the recommendations of the earlier DPC of 1975, regarding his promotion and regular selection on the post of Executive Engineer (Civil) may continue to be kept in a sealed cover. ;