M.N. Bhandari, J. - (1.) With the consent of the parties, the writ petition was heard finally.
(2.) By this petition, a direction is sought for consideration of the candidature of the petitioners for promotion to the post of Executive Engineer (Civil) against the vacancy year 2014 -15. The petitioners' candidature was not considered against the said vacancy year for want of five years' experience, though the petitioners are in possession of the required experience. The petitioners were promoted on the post of Assistant Engineer (Civil) against the vacancy year 2009 -2010 vide order dated 18.05.2010. The determination of the vacancies is made as on first April of the year concerned. The delay in holding DPC for promotion can not be to the detriment of the petitioners for counting his experience. It is otherwise contrary to Rule 24 -11A of the Rajasthan Services of Engineers and Research Officers (Irrigation Branch) (Rules of 1954) (in short, "the Rules of 1954"). Rule 24 of the Rules of 1954 talks about the eligibility and procedure for promotion to the encadre post in service. Sub -rule 11A of the Rule 24 provides for determination of experience of the services for promotion to the higher post from the vacancy year and not from the actual date of promotion.
(3.) In view of the above, the denial of promotion on the post of Executive Engineer against the vacancy year 2014 -15 becomes illegal.;