Sandeep Mehta, J. - (1.) HEARD learned counsel for the parties.
(2.) FACTS in brief are that the petitioner was appointed as Junior Engineer in the year 1972 in the erstwhile Rajasthan State Electricity Board (RSEB). He was thereafter promoted to the post of Assistant Engineer in the year 1987. While being posted at Bhinmal, the petitioner was served with a charge -sheet dated 5.6.1991 under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958. The disciplinary authority held the petitioner guilty by order dated 3.7.1996 and imposed upon him a punishment of withholding three annual grade increments with cumulative effect. The appeal preferred by the petitioner against the said order was rejected vide order dated 3.1.1997. In the year 2000, RSEB was abolished and five new power companies were formed. The petitioner opted for serving in the Jodhpur Vidhyut Vitran Nigam Ltd. (JVVNL). The seniority of the respective employees was retained as in the original RSEB. Being aggrieved of the orders dated 3.7.1996 and 3.1.1997 passed by the disciplinary authority and the appellate authority, the petitioner preferred a S.B. Civil Writ Petition No. 1627/1998 in this Court which came to be allowed by order Annex. P/2 dated 16.3.2009 and this Court quashed both the orders. In pursuance of the aforesaid decision, the annual grade increments of the petitioner which had been withheld with cumulative effect were released by order Annex. P/5 dated 21.5.2009. Tentative seniority lists of Superintending Engineers and Executive Engineers were published on 1.4.2009. The petitioner claims that he was surprised to find that his name was not placed at the proper position in the seniority list. Hence, the petitioner has approached this Court by way of instant writ petition with a prayer to direct the respondents to accord him proper seniority while ignoring the aforesaid punishment by the effect whereof the petitioner's promotion to the post of Executive Engineer was illegally and unjustly deferred by three years. It is claimed in the writ petition that the petitioner was entitled to be promoted on the post of Executive Engineer in the year 1996 but on account of the punishment so imposed upon the petitioner, his promotion was deferred to the year 1999. In this background, the writ petition has been preferred with the prayers to direct the respondents to hold a review D.P.C. for the purpose of promotion to the post of Executive Engineer in relation to the vacancies arising in the year 1996; to grant promotion to the petitioner before his junior has been so promoted; to hold review D.P.C. for promotion to the post of Superintending Engineer in the year 2008; to give promotion to the petitioner on the said post w.e.f. 30.6.2008; to modify the seniority list dated 30.4.2009 of the Superintending Engineer; to place the petitioner's name at the proper place; and to rectify the seniority list dated 30.4.2009 of the Executive Engineer as well.
(3.) A reply has been filed by the respondents wherein most of the factual aspects as mentioned in the writ petition are not disputed. However, in para No. 4 of the reply, it has been averred that two other officers namely, Prem Kumar Gupta and Magan Singh Naruka chose to remain in JVVNL when the new power sector companies were formed after the disbanding of RSEB. The aforesaid officers were assigned seniority in the cadre of Executive Engineer on the basis of seniority list finalized by RSEB. Shri P.K. Gupta was promoted on the post of Executive Engineer vide order dated 17.12.1996 whereas Shri M.S. Naruka was promoted vide order dated 4.12.1997. The petitioner was promoted to the post of Executive Engineer vide order dated 28.10.1999. It is noteworthy that the aforesaid two officers, who, though were junior to the petitioner, who were promoted before the petitioner who was under a departmental punishment, have not been impleaded as party respondents in the writ petition. The petitioner has further claimed that Sarva Shri Prem Kumar Gupta, Magan Singh Naruka, Dhanraj Mohnot, Jai Kishan Sharma and Sukhdayal Singh were juniors to him and were assigned higher seniority in the cadre of Executive Engineer. In this regard, it is urged that if the petitioner is given promotion on the post of Executive Engineer in the year 1996, interest of number of officers who were promoted before the petitioner though being junior to him would be affected adversely and since such officers have not been impleaded as party respondents in the writ petition, the same is liable to be dismissed on ground of non -joinder of necessary parties. The respondents have further averred in the reply that the petitioner was promoted to the post of Superintending Engineer on 1.9.2009 and has been sanctioned voluntary retirement w.e.f. 14.10.2010. After his voluntary retirement, a charge -sheet was issued to him and the same is pending. Further, a matter involving the petitioner is also under investigation by the Anti Corruption Bureau. A resolution taken by the Board of Directors in the meeting held on 27.12.2004 has also been placed on record along with the reply as Annex. R/1. As per point 79.24 of the minutes of the Board, the coordination committee of the Board has taken a decision that the old cases of promotion and seniority shall not be reviewed.;