Y.R.MEENA,J. - (1.) BY this misc. application, it has been prayed that the condition in column 7 of Item No. 6 of Schedule -I of Rules, 1954 be declared ultra vires. It has been further prayed that Government be directed to relax six months more experience in case of the petitioner to promote him on the post of Executive Engineer from the date his Juniors have been promoted.
(2.) IN 1957, the petitioner was appointed as Junior Engineer in the Irrigation Department, Govt. of Rajasthan. He was confirmed on that post on 21.6.1963 w.e.f. 21.2.60 and then promoted as Assistant Engineer (Civil) Irrigation in 1978. Vide Ann.9 dated 20.1.96, his junior Lal Singh has been promoted and petitioner was superseded on the ground that he has not completed two years' continuous experience of non -field post. That amendment was introduced in the year 1989. Mr. Singhi, learned Counsel for the petitioner submits that he had only 10 months experience of nonfield post, but the posting is in the hand of Government, and if they have not posted him on nonfield post, why the petitioner should suffer. Under the Rules, only one year relaxation can be given. Mr. Singhi submits that this rule is arbitrary. If the State Government does not post him on the non -field post, there is no Justification why the petitioner should suffer for the mistake and arbitrary action of the State. This rule gives arbitrary power to higher authorities and it is in their discretion to post AEN on non -field post. Therefore, this rule should be quashed.
(3.) MR . Kumawat, learned Counsel for RPSC and Mr. Bhati, learned Counsel for Irrigation Department simply submit that as the petitioner has not completed two years' non -field experience, he is not eligible for promotion though subsequently in the month of July, 1996, they have promoted him in pursuance of direction of this Court. Column 7 against Item No. 6 of Schedule -I of Rules, 1954 reads as under - Note - -For the purpose of promotion with effect from 1.4.89, the experience prescribed in Col. No. 5 shall include 2 years continuous experience is non -field Division e.g. Design, Quality Control, Planning and Monitoring, Survey and Investigation, Standards and Specifications, Research, Enquiry Technical Assistant to Executive Engineer, Superintending Engineer; Chief Engineer, etc. etc. ;