- (1.) THESE two writ petitions raise a common question of law and facts and, therefore, they are being disposed of by this common judgment.
(2.) PETITIONER Bhopal Singh was initially appointed as Beldar on daily wages basis in the Irrigation Department in the year 1974. He was made quasi-permanent on the post of Beldar on 6. 7. 77. The petitioner, therefore, on 11. 5. 79, was promoted on the post of Helper Grade II. Some posts of drivers fell vacant in the Irrigation Department. The petitioner was, also, one of the candidates for the post of driver. He was called for interview by the letter dated 18. 9. 80. He appeared before the Selection Committee but he was not promoted as persons senior to him were available, who were promoted. Later on certain persons junior to the petitioner on the post of Helper Grade II were promoted to the post of drivers but the case of the petitioner was not considered. Representations were made by the petitioner. He, also, raised his grievance before the Grievance Committee. The Grievance Committee met on 28. 11. 88. It was resolved by the Grievance Committee that the petitioner should be promoted to the post of driver within the period of one month. Certain other decisions were, also, taken in the meeting of the Grievance Committee. In pursuance to the decision of the Grievance Committee, the petitioner was promoted to the post to Tractor Driver vide order Annexure 5 dated 9. 2. 90. The petitioner joined his duties on the post of the Tractor Driver in the Office of the. Assistant Engineer, Irrigation Sub-Division II, Sirohi. Certain posts of drivers were declared surplus in the month of March, 1990, vide Annexure 3 and the petitioner, along with three other persons, was asked to report in the Office of the District Collector, Pali. The petitioner, in pursuance of the order dated 24. 3. 90, reported himself on duty before the District Collector, Pali, on 243. 90. The petitioner, along with five other persons, was taken on duty. The District Collector, Pali, by its order Annexure 8 dated 24. 4. 90, relieved these six surplus drivers and directed them to report themselves on duty before the Executive Engineer, Irrigation Division, Sirohi. The petitioner reported himself on duty before the Executive Engineer, Irrigation Division, Sirohi, on 25. 4. 90. The Executive Engineer, Irrigation Division, Sirohi, by its order dated 25. 4. 90, directed all these six drivers, including the petitioner, to report themselves on duty in the Office of the Assistant Engineer, Irrigation Sub-Division in which they were working prior to their being declared surplus. In pursuance to the order Annexure-10, the petitioner reported himself on duty in the Office of the Assistant Engineer, Irrigation Sub-Division, Sirohi. He was taken on duty, but later- on, the District Collector, Pali, sent twenty-three surplus employees for absorption in the Office of the District Education Officer, Pah. In this letter Annexure 12, the petitioner's case was shown at Serial Number 22 and his designation was shown as Helper Grade II. The District Collector, Sirohi, also by his letter Annexure-13, absorbed nineteen surplus personnels in the various Offices under his control. The name of the petitioner, in this list, has been shown at Serial Number 18. The petitioner has been shown as Helper Grade II and he was absorbed in the Office of the District Animal Husbandry Officer, Sirohi. The petitioner, in S. B. Civil Writ Petition No. 2204 of 1990, has challenged the order Annexure 12 and Annexure 13, wherein the petitioner has been shown as Helper Grade II instead of driver. In pursuance to the orders Annexure 12 and Annexure 13, the petitioner was relieved in the afternoon of May 11, 1990, from the Irrigation Department and was directed to report himself on duty in the Office of the District Education Officer, Pali, vide order Annexure 2 dated 11. 5. 90 (in S. B. Civil Writ Petition No. 2257 of 1990 ). Thereafter the order Annexure 5 dated 15. 5. 90, was issued by the Executive Engineer, Irrigation Division, Sirohi, by which the order dated 9. 2. 90, promoting the petitioner to the post of Driver, was cancelled and the petitioner was reverted to the post of Helper Grade II. The petitioner, in S. B. Civil Writ Petition No. 2257 and 1990, has challenged the order Annexure 5 dated 15. 5. 90, passed by the Executive Engineer, Irrigation Division, Sirohi, by which the order dated 9. 2. 90, promoting the petitioner, was cancelled. It is contended by the learned counsel for the petitioner that the petitioner was duly selected by the competent authority on the post of driver and he was promoted to that post. After his promotion, he was allowed to join duties as the driver and he continued on that post till 24. 3. 90, when the petitioner, along with other persons, was declared surplus and were absorbed in the Office of the District Collector, Pali. He even thereafter continued on the post of driver upto 15. 5. 90, when he was reverted by the Executive Engineer to the post of Helper Grade II. His case is that when once he was permanently promoted to the post of Driver, he could not have been reverted to the post of Helper Grade II and should have been absorbed in the other department on the post of Driver and not on the post of Helper Grade II. The learned Deputy Government Advocate, on the other hand, has supported the order dated 15. 5. 90, and submitted that there was a ban on promotions imposed by the Chief Engineer, Irrigation, Rajasthan, Jaipur, vide order dated 26. 7. 88, and there was no post of driver vacant in the Irrigation Department, on which the petitioner could have been promoted. There were eight sanctioned posts of drivers whereas sixteen drivers were working in the Irrigation Division. The order of promotion, has, therefore, been rightly withdrawn by the respondents. I have considered the rival submissions made by the learned counsel for the parties. The persons junior to the petitioner were promoted to the post of driver. The grievance was raised by the Union as well as by the petitioner, which was considered by the Grievance Committee in its meeting held on 28. 11. 88, and a decision was taken that the petitioner should be promoted to the post of driver within the period of one month. In pursuance to the decision, taken by the Grievance Committee in its meeting held on 28. 11. 88, as well as looking to the seniority and eligibility of the petitioner, the petitioner was promoted to the post of driver on 9. 2. 90, and he joined his duties in the Office of the Assistant Engineer,' Irrigation Sub-Division, Sirohi. The appointment of the petitioner was not made on ad hoc or temporary basis, but it was made on permanent basis. As the appointment/promotion of the petitioner on the post of driver was on permanent basis, therefore, the reversion of the petitioner to the post of Helper Grade II is clearly violative of Article 311 (2) of the Constitution of India (see AIR 1982 SC 773) (1 ). The petitioner, along with other drivers, was declared surplus by the Irrigation Authorities on 24. 3. 90 and was asked to report himself on duty before the District Collector, Pali, and he reported himself on duty before the District Collector, Pali, on 24. 3. 90. He was taken on duty as the driver. Later on, on 24. 4. 90, the petitioner and other five persons, were asked to report themselves on duty before the Executive Engineer, Irrigation Division, Sirohi. The petitioner reported himself on duty before the Executive Engineer, Irrigation Division, Sirohi, on 24. 3. 90, and the Executive Engineer, by its order dated 24. 4. 90, asked the petitioner and other five drivers to report on duty in the respective Sub-Divisions where they were working before they were declared surplus. The petitioner joined his duties as the driver in the Office of the Assistant Engineer, Irrigation Sub-Division, Sirohi. Thus the promotion of the petitioner to the post of driver was on permanent basis and he was declared as surplus driver by the Irrigation Authorities, which is clear from the letter Annexure, 7 dated 24. 3. 90. When once the petitioner has been promoted as driver on permanent basis, he cannot be reverted arbitrarily. The order Annexure, 5 dated 15. 5. 90 (in S. B. Civil Writ Petition No. 2257 of 1990) cancelling the order dated 9. 2. 90, by which the petitioner was promoted to the post of driver, deserves to be quashed. The orders Annexure, 12 and Annexure, 13 in S. B. Civil Writ Petition No. 2204 of 1990, wherein the petitioner has been shown as Helper Grade II, also, deserves to be modified.
(3.) IN the result, both the writ petitions, filed by the petitioner, are allowed. The order Annexure-5 dated i5. 5. 90, passed by the Executive Engineer, Irrigation Division, Sirohi, cancelling the order dated 9. 2. 90, is quashed and set-aside and the respondents are directed to absorb the petitioner on the post of driver and not on the post of Helper Grade II.;