Arun Madan, J. - (1.) Since the aforesaid writ petitions involve identical questions of law. They are being disposed of by this common single order.
(2.) For the sake of convenience and ready reference and of the cost of avoiding repetition I deem it appropriate to refer to the facts in S.B. Civil Writ Petition No. 2307/94 which is being treated as main case.
(3.) The grievance of the petitioners in short is that they are presently working as lower division clerks in the transport department of the State Government and are eligible for being considered for promotion to the post of Motor Vehicle Sub Inspectors (for short "MVSI") which is the lower post in the cadre of Subordinate Services of the Transport Department Govt. of Rajasthan and the employee of the said department constituting the said cadre are governed by The Rajasthan Transport Subordinate Service Rules, 1963 as per which the post of MVSI is to be filled in 25% by promotion from amongst the departmental candidates i.e. from cadre of L.D.C.s while 75% of the said posts are to be filled by way of direct recruitment. The grievance of the petitioner is that since they have already undergone requisite training and passed departmental test which is essential pre-requisite condition for consideration against promotion quota and since they are all holding the post of L.D.C.s. notwithstanding the fact that they were not impleaded as necessary parties before the Rajasthan Civil Services Appellate Tribunal (respondent No. 3) in appeal No. 199/93 by Shankerlal respondent No. 2 herein who was from the cadre of L.D.C.s in the Transport Department and appellant before the said Tribunal, are aggrieved by the impugned order, dated 29.3.1994 passed by the learned Tribunal whereby their right for consideration for promotion on the post of MVSI has been seriously prejudiced by the impugned order of the Tribunal and hence they have jointly filed the present writ petitions for enforcement of their fundamental rights under Arts. 14 and 16 of the Constitution of India. The petitioners have also annexed statement with the writ petitions vide Schedule A indicating their academic qualifications and the posts held by them and respective dates of their confirmation in the cadre of L.D.Cs. They have further contended that the respondents published a seniority list of L.D.C.s On 28.10.1985 in which the names of the petitioners have been indicated at serial Nos. 57, 00 and 68 respectively vide Annexure 1, dated 28.1.1985 of the Transport Department of the State Government.;