RAJENDRA SAXENA, J. - (1.) PETITIONER by means of this writ petition has prayed that by an appropriate writ, order or direction, it be declared that he stands substantially appointed on the post of Drilling Supervisor on and from 31.5.67 and is entitled to be assigned seniority in the cadre of Supervisors. He has sought a direction that he be appointed as Assistant Engineer on and from the date persons, junior to him, have been so appointed and allowed to get all consequential reliefs. In the alternative, he has prayed that the respondents be directed to get his case screened for appointment by way of first recruitment in terms of proviso (c) of Sub -rule (1)(b) of Rule 6 of the Rajasthan Ground Water Subordinate Service Rules, 1973 (hereinafter referred -to as the Rules, 1973) and to assign him seniority by taking him to have been appointed by way of first recruitment as per Rules, 1973 in the cadre of Supervisors and to assign him seniority above all those who were appointed after 31.5.67 in the cadre of Supervisors whether by screening, by direct recruitment or promotion and that they be further directed to consider and appoint him on the post of Assistant Engineer from the date person junior to him was so promoted as Asstt. Engineer and give him all consequential benefits flowing therefrom.
(2.) AT the very outset, it may be mentioned that the petitioner had earlier filed S.B. Civil Writ Petition No. 416/80 against the State of Raj. and Ors. seeking his screening on the post of Supervisor, State Tubewell as per proviso (c) to sub Rule (1)(b) of Rule 6 of the Rules 1973, wherein this Court vide its interim order dated 21.4.80 had directed the respondents to screen the petitioner accordingly but also ordered that the result of the screening shall not be declared till the disposal of the said writ petition. In that writ petition, the petitioner opted to be screened for the post of Supervisor, Drilling. This Court by its order dated 6th Dec. 1989 (Annex. 1) directed the respondents to declare the result of the petitioner's screening and that if he had been found suitable, to regularise his appointment with all consequential reliefs. The respondents however neither screened the petitioner nor declared his result. Petitioner on being advised that instead of filing a contempt petition, which may not bring to him all the reliefs he is entitled -to, has filed this writ petition for the reliefs detailed ad ultra. The facts of this writ petition are not much in dispute. The Engineer Incharge and Secretary, Rajasthan Ground Water Board, Govt. of Raj. Jodhpur by his office order dated 31.5.67 (Annex. 2) temporarily appointed the petitioner as Supervisor (State Tubewell) against the vacant post created vide Govt. order dated 7.3.67 on an adhoc basis for a period of three months in the first instance or till the post was filled by direct recruitment or promotion in accordance with the Service Rules, whichever was earlier, in the grade of Rs. 225 -485 plus usual allowances. The said appointment was subject to the concurrence of R.P.S.C. for which reference had also been made to the Commission. The petitioner continued on the said post even after lapse of three months for years together vide office order dated 18.12.70 (Annex. 3), he was transferred as Drilling Supervisor, a post equivalent to that of Supervisor (State Tubewell). It is the case of the petitioner that at the time of his appointment vide order (Annex. 2), his case was not covered by the provisions of Rajasthan Subordinate Services (Recruitment and other Service Conditions) Rules, 1960 (briefly, 'the Rules, 1960', because as per Rule 4(e) of the said Rules, the post of Supervisor (State Tubewell) was neither specified nor added in Schedule II of the Rajasthan Civil Services (C.C. and A) Rules, 1958. On the other hand, his appointment vide order Annex. 2 was made after the said post was advertised and he was interviewed by the Competent Authority.
(3.) HOWEVER , in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Rajasthan. promulgated the Rules of 1973 regulating the recruitment to posts and the conditions of service of persons appointed to the Rajasthan Ground Water Subordinate Service, which came into force w.e.f. 27th Dec. 1973. The said service as per the Rules, 1973 has in its Group 'A', amongst others, the post of Drilling Foreman and Drilling Supervisor as the highest posts. These posts are required to be filled 75% by promotion from Drillers (Rotary rig) and (Percussion rig) and 25% by direct recruitment. By a notification dated 10/1/90, an amendment has been brought about and a note has been added between S. No. 1 and 2 of Group 'A' in the following terms: Dying cadre: No fresh recruitment/promotion to the post of Drilling Foreman shall be made. The existing persons already working on the post of Drilling Foreman after regular selection will continue as such till their retirement or promotion on the higher post.;