KISHAN MAL LODHA, J. - (1.) THIS appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is directed against the order dated October 31, 1985 of the learned Single Judge by which the writ petition filed by the petitioner -respondent was allowed in part. The petitioner has sought the following reliefs in the writ petition: (a) it be declared that the provision made in Column 11 of the Schedule of the Defence Research and Development Organisation (Junior Scientific Officers) Recruitment Rules, 1980, in so far as it excludes the post of Assistant Foreman from the categories of posts from which appointment can be given to the post of Junior Scientific Officer, is illegal and an appropriate direction be made in this regard: (b) in the alternative and, in addition, the Hon'ble Court may be pleased to direct respondents to prepare an interlaced seniority list of the Foremen, Senior Scientific Assts. and the Chief Draftsmen, by placing the Foremen enblock senior to the Senior Scientific Assistants and Chief Draftsmen, or no the basis of date of appointment on the posts of Assistant Foremen, and then to make selections on the basis of such an interlaced seniority list; (c) the respondents may be restrained from making appointments to the posts of Junior Scientific Officers on the basis of the Panel, Annexure 3; (d) the respondents may further be directed to prepare the panel afresh after determining the seniority as prayed here in above and then to proceed to give appointment on that particular basis by taking necessary and requisite steps in this behalf, if any other step is required to be taken.
(2.) PETITIONER was appointed as Assistant Foreman in 1979 in the pay scale of Rs. 700 -900. The petitioner -respondent received appointment on promotion to the post of Foreman carrying the pay scale of Rs. 840 -1040 on July 31, 1979. This was the post which the petitioner held when the writ petition was filed on October 15, 1984. The service conditions of the petitioner are governed by the Defence Research Development Organisation (Junior Scientific Officer) Recruitment Rules, 1980 which will here in after be referred to as the Rules. Rule 5 of the Rules provides that the post of Junior Scientific Officer (JSO) shall be filled in according to the provisions which are contained in columns 5 to 13 of the Schedule appended to the Rules. This post has been classified as civilians in defence service as Group, B Gazetted non -ministerial post. It carries pay scale of 650 -1200. It is a selection post. This post can be filled in by promotion, transfer or deputation from amongst Senior Scientific Assistants, Chief Draftsman and Foreman with five years service in the respective grade rendered after appointment thereto on regular basis. The petitioner -respondent has produced a chart which is as under: Chart Showing the Scales, required Qualification for appointment and Line of promotion: JSO 650 -1200 Foreman Scale Rs. 840 -1040 Required qualification (i) Degree in Engineering with 2 years experience (ii) Diploma in Engineering with 5 years Experience Assistant Foreman Senior Scientific Chief Draughtsman Assistant Scale Rs. 700 -900 Scale Rs. 550 -900 Scale Rs. 700 -900 Required Qualification (1) Degree in engineering (1) M.Sc. or Degree (1) Certificate Diploma with 1 year experience in Eng. with 1 year in Draughtsmanship experience with 5 years experience. OR OR (2) Diploma in Eng. with (2) B.Sc. with 4 years 4 years experience experience OR (3) Diploma in Eng. with 4 years experience The promotion to the post of Junior Scientific Officers in the pay scale 650 -1200 were held through the Deparmental Promotion Committee (D.P.C.). A panel Ex. 3 dated August 25, 1984 was prepared. That panel did not contain the name of the petitioner respondent. He therefore, filed the writ petition as aforesaid for the reliefs which have already been mentioned here in above. A show cause notice was issued to the non -petitioners appellants. They filed a reply to the show cause notice contesting the writ petition along with the copy of letter dated May 30, 1984 marked Anx. R/1. According to the non -petitioners -appellants, the post of J.S.O. is a selection post and criteria for selection is merit -cum -seniority. It was contended in the reply that the petitioner respondent was considered by the D.P.C. and he was not found suitable in merit and on account of that he could not be selected and placed in the panel of the selected candidates for the post of J.S.O. A further plea was raised that as no quota for the promotion to the post has been fixed for each of the three feeder grades, the list that was prepared was a combined eligibility list and it was not the seniority list of all the three feeder grades of the D.P.C. on the basis of length of continuous regular service as Foreman, Senior Scientific Assistant or Chief Draftsman subject to maintenance of inter -se seniority in each grade. Ann. R.1 is reproduced as under: In this connection it is clarified that as per the relevant Recruitment Rules, promotion to the grade of JSO is made from amongst Foremen, C/D' Men and SSA who have rendered at least 5 years regular service in that grade. For this purpose, separate seniority rolls of F' Man C/D' Men and SS As are prepared on the basis of date of the DPC/Selection Board and circulated to Estt/Lab. When promotion to a grade is to be made from different streams a common eligibility list is prepared for the convenience of the DPC. For promotion to the grade of JSO, persons in the grade of F' Men C/D' Men and SSAs who are eligible for promotion on the basis of date of seniority in the respective grades subject to maintenance of inter -se seniority as assigned to them in their respective grades. The learned Single Judge after considering the submissions that were made by the learned Counsel appearing before him passed the following order on October 31, 1985: Therefore I need not to quash any list nor I can do so for the simple reason that all candidates are not parties before me; Thus, in the result I allow this writ petition in part and direct the respondents to evolve the proper criteria for consideration to the post of Junior Scientific Officer and consider the eligible candidates including the petitioner over again. No order as to costs. Being dissatisfied, the non -petitioner -appellants have come in appeal.
(3.) WE have heard Mr. J.P. Joshi learned Counsel for the appellants and Mr. M. Mridul for the respondent (caveator) and have further carefully considered the writ petition, reply thereto, the documents filed by the parties and the order under appeal.;