VYAS, J. - (1.) THE instant writ petition has been filed by the petitioners, praying therein that by an appropriate writ, order or direction, the respondents be directed to finalize the provisional seniority list published on 22. 10. 2003 (Annexure 4) and, after finalizing the seniority list, the respondents may further be directed to convene the Departmental Promotion Committee (D. P. C.) for promotions to the post of Assistant Engineers (AENs), on the basis of seniority amongst the Junior Engineers, working with the Urban Improvement Trusts (UITs ). It has also been prayed that the respondents may be restrained from filling up the posts of Assistant Engineers lying vacant in various Urban Improvement Trusts by deputation from other Departments.
(2.) THE facts giving rise to the instant petition are that the petitioners have obtained their degrees of Civil Engineering as well as Diploma in Civil Engineering from the recognized Universities and hence, they were eligible for appointment on the post of Junior Engineer (JEN) (Civil ). THErefore, they were appointed on the post of Junior Engineers (JENs) and since then, they are working on the said posts. The services of the petitioners are governed by the Rajasthan Subordinate Engineering (Building and Roads Branch) Service Rules, 1973. After due selection, the petitioners have been given appointment on the substantive posts. The appointment on the post of Junior Engineer (Degree-holder), Junior Engineer (Diploma-holder) is 100% by direct recruitment and the qualification prescribed is Degree in Civil Engineering from a University. Thus, the petitioners fulfill the requisite qualifications for appointments as a Junior Engineer (Civil ). The Urban Development Department has adopted the Service Rules of the Rajasthan Service of Engineers (Building and Roads Branch) Rules, 1954 (for short, `the Rules, 1954') and the Rajasthan Subordinate Engineering (Building and Roads Branch) Service Rules, 1973 (hereinafter referred to as `the Rules, 1973') by order dated 10. 7. 1975 (Annexure 1 ). These Rules have been adopted, because there are on other Rules for recruitment, promotions, etc. in the Urban Improvement Trusts of Rajasthan. The promotions to the posts of Assistant Engineer are governed by the Rules, 1954, under which, for promotions from the post of Junior Engineer to the Assistant Engineer (Civil), 50% of the posts will be filled up by direct recruitment and the remaining 50% posts will be filed up by promotion and out of the those 50%, 30% by promotion from Junior Engineers (Diploma- holders) and the remaining 20% by promotion from Junior Engineers (Degree-holders ). The requisite qualification and experience for promotion is B. E. Civil or qualification declared equivalent thereto by the Government and three years' experience as Junior Engineer (Civil) or Diploma in Civil Engineering from a recognized institution and ten years' experience as Junior Engineer (Civil ). Thus, as per the qualification and experience, all the petitioners are eligible for promotion to the post of Assistant Engineer. At present, 20 posts of Assistant Engineers are lying vacant and these 20 posts are to be filled up by seniority amongst the Junior Engineers, working with the Urban Improvement Trusts.
(3.) PART-V of the Rules, 1954, which prescribes procedure for recruitment by promotion, reads as under:- " The procedure for selection is that as soon as it is decided that recruitment to a certain number of posts in the service shall be made by promotion, the Chief Engineer shall prepare a correct and complete list containing names and not exceeding 5 times the number of vacancies, out of the senior most substantive Junior Engineers and he shall forward this list along with their confidential reports and personal files to the Secretary to the Government and, thereafter, a Committee consisting of the Chairman of the Commission of the Chairman is unable to attend, to any other Member thereof nominated by him and other Secretaries not below the rank of Deputy Secretary and the Chief Engineer shall consider the cases of all the persons included in the list, interviewing such of them as they deem necessary and shall prepare a list containing names of suitable candidate up to twice the number of such posts as are indicated in sub-rule (1 ). " It is submitted by the learned counsel for the petitioners that various representations (Annexure 2 and 3) were made to the respondents to the effect that since 1994, the posts are lying vacant, but the Government has not considered their cases for promotions, though the post are lying vacant and on first of April of every year, actual number of vacancies has to be determined by the Appointing Authority had these posts are to be filled by seniority from seniority list. The posts have been filed up by deputation from other Departments. It is further submitted by the learned counsel for the petitioners that the respondents also published the provisional seniority list (Annexure 4) of the Junior Engineers on 22. 10. 2003 and invited the objections within 15 days from its publication. But no one has made any representation, because as per the seniority list, their seniority has been assigned as per their appointment order. ;