S.N.BHARGAVA,J. - (1.) PETITIONER passed his Diploma in Civil Engineering from Jodhpur Polytechnic College in the year 1969 and was initially appointed as an Overseer (Civil) in the Public Engineering Department by order dated 4 -5 -70. The post of Engineering Sub -ordinate has now been re -designated as Junior Engineer by a Notification dated 6 -1 -75. Petitioner was confirmed as Junior Engineer (Civil) vide order dated 5 -2 -75 (Annx. 1). Petitioner passed A.M.I.E. (Civil) on 25 -1 -76 and after passing the said examination, petitioner was given higher start which is given to a degree -holder w.e.f. 25 -1 -76 by order dt. 4 -11 -1976 passed by the Chief Engineer (Annx. 2) the Rajasthan Service of Engineers (Public) Health Branch) Rules 1968 were amended vide the amendment to the rules published in the Rajasthan Rajpatra dt. July 1, 1976, by which it was provided that promotion to the post of Assistant Engineer (Civil) will be 50% by promotion i.e. 25% from the Sub -Engineers and 25% from the Junior Engineers. The term Junior Engineer and Sub -Engineer were also defined by Rule and note was however inserted in the Schedule: Up to the date the cadre of Engineering Subordinate (Civil) have been separated as Sub -Engineer and Junior Engineer, the Service of the Engineering Subordinates (Civil) will qualify as experience for further promotion as hithertofore. Thus, petitioner came in the cadre of the Junior Engineer having the requisite qualifications. Another Notification dated 18 -6 -77 was issued and published in the Rajasthan Rajpatra dated June 23, 1977, by which the earlier amendment published vide Notification dt. 22 -6 -76 published in Rajasthan Rajpatra dt. July 1, 1976, was given retrospective effect from 1 -4 -75. By the amendment, in the Rules of 1967 proviso (iv) to Rule 6 was also added, enabling the Sub -Engineers to be appointed as Junior Engineer on attaining the necessary qualifications. Proviso (iv) was also added to Rule 28 regarding seniority of sub -Engineers and Junior Engineers after the bifurcation of the cadre. The Schedule was also amended providing separate direct recruitment for the post of Junior Engineer (Civil) and Sub -Engineer (Civil). This amendment was also given retrospective effect from 1 -4 -1975 by another notification dated 28 -7 -1978.
(2.) THE Petitioner was promoted on ad hoc basis as Assistant Engineer (Civil) by order dated October 20, 1978 (Annx. 4). As a result of this amendment, Petitioner being not due for promotion from the arena of Junior Engineer for the post of Assistant Engineer, therefore, the order dated 21 -10 -1978 (Annx. 5) has been issued, by which his promotion to the post of Assistant Engineer has been cancelled. Thus, the petitioner stands reverted as Junior Engineer in view of the amendments in the Rules w.e.f. 1 -4 -1975. It is against this order the present writ petition has been filed challenging the order dated 21 -10 -1978 (Annx. 5) and it has further been prayed that amendments in the Rules of 1968 vide Notification dated 22 -6 -1976 read with amendments dated 18 -6 -1977 and amendment in the Rules of 1967 dated May, 1977 read with amendment dated 28 -7 -1978 be declared ultra vires of the Constitution and be struck down, so far as it relates to the bifurcation of the cadre of the Engineering Sub -ordinate. A further declaration has also been sought that the petitioner is eligible to the post of Assistant Engineer in the quota of Junior Engineers and a further direction for the respondents be issued that he should be considered for promotion to the post of Assistant Engineer. No reply has been filed on behalf of the State inspite of notice and service to them.
(3.) I have heard the learned counsel for the petitioner as well as learned counsel for the non -petitioners.;