S.K. Keshote, J. - (1.) Petitioner Hanuman Prasad, a Junior Engineer, posted on deputation in the Urban Land & Building Tax Department, Rajasthan Jaipur, Officer of the Department of Agriculture Production, Government of Rajasthan, Jaipur, has filed this petition under Article 226 of the Constitution of India challenging therein the validity of the Notificating No. E1(8) DOP/A-11/79 Dated 22.10.1994 issued by the Secretary to the Government of Rajasthan Department of Personnel, Agr. II, Jaipur. This document is there as Annexure-4 to the writ petition at page No. 25.
(2.) In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Rajasthan made following amendment in the Rajasthan Agricultures Service Rules, 1960 (for short, the Rules, 1960) which reads. "The existing expression 'Provided they possess Degree in Civil Engineering with 5 years experience of the post of Junior Engineer, or (2) Diploma in Civil Engineering with 10 years experience on the post of Junior Engineer provided further that 40% of the posts to be filled in by promotion quota will be filled by Degree Holder and 60% by Diploma Holders till the Diploma Holders holding the post of Junior Engineer are exhausted", occurring in Col. 8 against S.No. 14 under the head "SECTION-Ill AGRICULTURAL ENGINEERING" of the Schedule appended to the said Rules shall be substituted by the following w.e.f. 1.4.1991, namely : "Provided they possess Degree in Civil or Mechanical Engineering of a University established by Law in India with 5 years experience on the post mentioned in Col. 5. OR Diploma in Civil or Mechanical Engineering of a recognised Institution with 10 years experience on the post mentioned in Col. 5. Provided further that 60% of the post to be filled in by promotion quota will be filled by Degree Holders and 40% by Diploma Holders till the Diploma Holders holding the post of Junior Engineer are exhausted."
(3.) A mere perusal of this amendment in the Rule, 1960 gives out that the ratio of promotion between the Diploma Holder Junior Engineers and Degree Holder Junior Engineers to the next higher post of Assistant Engineer has been changed. Earlier it was 60% for the Diploma Holder Junior Engineer and 40% was for the Degree Holder Junior Engineer. By this amendment, brought into force w.e.f. 1st of April, 1991 this ratio has been changed from 60%-40% to 40%-60% amongst these categories of Junior Engineers. The prayer has been made in the writ petition for striking down this Notification as is being violative of Articles 14 and 16 of the Constitution of India and, secondly that it has taken away the vested/accrued right of the Diploma Holders Junior Engineers. The learned counsel for the petitioner has taken us through the entire scheme of the Rules, 1960.;