Sangeet Lodha, J. - (1.) BY way of this writ petition, the petitioner is seeking directions to the respondents to consider his candidature for promotion to the post of Superintending Engineer, by convening Review Departmental Promotion Committee (DPC) and to accord him promotion on the post of Superintending Engineer, with effect from the date, the person junior to him, the respondent No. 3 herein, has been accorded promotion. The petitioner entered the services of Public Works Department, Government of Rajasthan as Junior Engineer on 07.04.1979. He was promoted on the post of Assistant Engineer on ad hoc basis w.e.f. 15.04.1998.
(2.) THE petitioner was selected for appointment on the post of Assistant Engineer by the Rajasthan Public Service Commission in the year 1991. In the year 2003, the petitioner was promoted on the post of Executive Engineer against the vacancies of the year 2001 -02. On 12.04.2006, the petitioner was served with a charge sheet under Rule 17 of the Rajasthan Civil Services (Classification, Control & Appeals) Rules, 1958 (for short 'the Rules of 1958'). The disciplinary proceedings initiated against the petitioner as aforesaid, culminated in imposition of penalty of withholding of on annual grade increment without cumulative effect vide order dt. 09.04.2006 passed by the Disciplinary Authority. The Review Petition preferred by the petitioner was dismissed by the Reviewing Authority vide order dt. 12.04.2008. Aggrieved thereby, the petitioner has preferred a Writ Petition No. 6048/08 before this Court, which is said to be pending till this date.
(3.) THE candidature of eligible candidates for promotion from the post of Executive Engineer to the post of Superintending Engineer on the basis of criteria laid down under the Rajasthan Service of Engineers (Building & Road Branch), Rules, 1954 ('the Rules' hereinafter) i.e. seniority -cum -merit, was considered by the DPC. In the seniority list, the petitioner stands at Serial No. 94 and the name of respondent No. 3 finds mentioned at Serial No. 95. The petitioner stands at Serial No. 1 in the seniority list of Scheduled Caste category. However, ignoring the candidature of the petitioner, the respondent No. 3 was promoted to the post of Superintending Engineer, pursuant to the recommendations made by the DPC. The petitioner has been denied promotion taking into consideration the minor punishment of withholding one annual grade increment imposed upon him vide order dt. 09.04.2007.;