- (1.) By this petition, the petitioner Association, and individual petitioner seek a direction to respondents to give effect to the order dt. 17.2.1990 Annexure-4 pertaining to the upgradation of the post of Technical Assistant to the rank of Junior Hydrogeologist, and be restrained from making appointment on the post of Junior Hydrogeologist by direct recruitment against the posts available by upgradation. Then, the advertisement issued by the Rajasthan Public Service Commission inviting application from the eligible candidates for direct recruitment have been prayed to be quashed. Then, a prayer has also been made to increase the promotion quota.
(2.) The allegation of the writ petition are that the services of members of the petitioner Association are governed by Rajasthan Ground Water Sub-ordinate Service Rules, 1973, they are working on the post of Technical Assistant, next promotion is to the post of Junior Hydrogeologist provided under the Rajasthan Ground Water Service Rules, 1969, and this post is required to be filled to the extent of 25% by promotion, and 75% by direct recruitment, eligibility for the candidates to be promoted has also been provided. Then, it is alleged that 40 Technical Assistants are working who were required to be considered for promotion. However, no promotion has been made for the last 12 years, as such there is stagnation.
(3.) The members, therefore, agitated the matter, their grievance was appreciated, and the Chief Engineer recommended and ultimately an order Annexure-4 came to be passed being dt. 17.2.1990 to the effect that the posts were upgraded, and the upgraded posts were to be filled by promotion, and that eight posts of Technical Assistants were upgraded to the rank of Junior Hydrogeologist. It is then pleaded that this order Annexure-4 is not being given effect to, and the respondents are going to fill these posts by direct recruitment. A reply has been filed contending inter alia that at present 41 posts of Technical Assistants are sanctioned against which 39 persons are working, and the Technical Assistants were promoted from time to time on the recommendations of D.P.C. It was pleaded that the last D.P.C. met on 27.8.1992 for considering promotion in the year 1991, and 1991-92 wherein Shri N.K.Purbiya, and A.K.Mathur were considered and promoted on the recommendations of the D.P.C. from the post of Technical Assistant. Thus, the averment is pleaded to be wrong and that no promotions are being made. Then, regarding increasing promotion it was submitted that the matter is pending consideration before the State Government. Then, in para-9 in the reply it was pleaded that all the promotion posts are to be filled according to seniority as per existing service rules, and the same was being done. This reply was filed on 28.7.1993. Then, on 1.2.1994 an application was filed to the effect that after filing of the reply an order dt. 18.1.1994 has been issued by the Government amending the order dt. 17.2.1990 which was sought to be produced as Annexure R/1. Thereafter vide order dt. 4.3.1994, this order was taken on record. It may be noticed that initially vide order dt. 9.7.1992 interim stay was granted by this Court. Then, by this order dt. 4.4.1994 that stay order was vacated. After filing of the aforesaid writ petition, the petitioner filed rejoinder on 27.1.1999 inter alia contending that during pendency of the writ petition promotion quota has been increased to 50% from 25%, and the order Annexure-4 was not given effect to rather the posts were filled from promotee and direct recruitee in the ratio of 25:75. Then, it was pleaded that the order Annexure-4 was passed with the assent of the Governor while Annexure R/1 is passed without any such sanction, and that the order passed with the approval of the Governor cannot be modified or amended without assent of the Governor. With this it was prayed that the writ petition be allowed.;