Veerender Singh Siradhana, J. - (1.) The above noted writ applications, with marginal variation of facts, raise identical questions of law and facts, and therefore, are being adjudicated upon by this common order.
(2.) Vidyut Mandal Abhiyanta Sangh, Patel Colony, Sardar Patel Marg, Jaipur (for short, 'petitioner -Sangh'), has instituted the writ applications, assailing the legality, validity and correctness of the action of the Rajasthan State Electricity Board (for short, respondent -RSEB), for not adhering to 50% quota for direct recruitment as ordained by Regulation 7 of the Rajasthan Electricity Board Service of Engineers Regulations, 1969 (for short, 'Regulations of 1969'), which has resulted into loss of chances of promotion to the members of the petitioner -Sangh, who worked as Junior Engineers (Diplomaholders). In the relief clause, the petitioners have prayed for modification/revision of promotion list since 1st October, 1970 with all the consequential benefits.
(3.) Shorn off unnecessary details, the indispensable skeletal material facts necessary for appreciation of the controversy needs to be first noticed. The petitioner -Sangh, a registered Trade Union, under the provisions of Trade Unions Act, 1926, asserting itself to be a welfare association in the matter of services and service conditions of Junior Engineers (Diploma holder), both Civil and Electrical & Mechanical, working at Jaipur, with the respondent -Board, has been authorized by a resolution dated 2nd February, 1998, to institute the writ proceedings. It is pleaded case of the petitioner -Sangh that there are two categories of 'Junior Engineers', working in the respondent -RSEB. One, those who are Diplomaholders from various Polytechnics (the members of the petitioner -Sangh) and other, those who are Degreeholders. The posts of 'Assistant Engineers' are to be filled up 50% by direct recruitment from amongst Holders of degree of Bachelor in Engineering (B.E.) (Elect/Mech/Civil) or A.M.I.E. in Engineering or qualification declared equivalent thereto by the Government or Diplomaholder's from a recognised Institution with seven years requisite experience as Junior Engineers (Elect/Mech/Civil). Rest of the 50% of the posts are to be filed up by promotion on the basis of seniority -cum -merit in the ratio of 2:3 from degreeholders and diplomaholders, respectively. The ratio applicable with effect from 1st January, 1996, as appended to Schedule -I of the Regulations of 1969, contemplates that 1/3rd vacancies, under direct recruitment quota, shall be filled from amongst the existing Junior Engineers (Degreeholders) with two years experience as on 1st April of that year by a separate competitive examination. The Regulations of 1969, made effective from 1st January, 1996, provided for 50% by direct recruitment, 20% by promotion from Junior Engineers (Degree holders) on the basis of seniority -cum -merit and 30% by promotion from Junior Engineers (Diploma holders) on the basis of seniority -cum -merit. Since the respondent -RSEB did not adhere to the process of direct recruitment after 1994, in the case of Junior Engineers (E & M); and ever since 1973, in the case of Junior Engineers (Civil). The members of the petitioner -Sangh, who were appointed in the year 1990 or earlier were eligible for direct recruitment in the year 1997 for they having completed more than seven yars of service. The respondent -RSEB filled up the 50% quota of direct recruitment unilaterally according promotion to the Junior Engineers Degreeholders only contrary to the procedure as contemplated under Part IV and V of the Regulations of 1969.;