PRADEEP NANDRAJOG,J. - (1.) As per the Rajasthan Service of Engineers and Allied Posts (Public Health Branch) Rules, 1968, the post of Assistant Engineer was to be filled up 50% by promotion and 50% by direct recruitment. Feeder cadre was the post of Junior Engineer. In the 50% promotion quota there was further allocation between degree holders and diploma holders.
(2.) On 3.10.1994 RPSC issued an advertisement to fill up the number of posts indicated in the advertisement of Assistant Engineer by direct recruitment. The private appellants in the above captioned appeals applied for being inducted as Assistant Engineers (Civil) and (Mechanical) pursuant to the advertisement. Process of selection continued till August 1996. The appellants were appointed in August 1996 as direct recruit Assistant Engineers.
(3.) The Junior Engineers had made representation of stagnation. On 22.1.1996 a letter was addressed by the Dy.Secretary, Government of Rajasthan to the Chief Engineer (HQ), PHED sanctioning upgradation of 204 posts of Junior Engineer to that of Assistant Engineer. Since the Rules of 1968 did not provide to fill up the post of Assistant Engineer 100% by promotion, on 31.10.1996, Dy.Secretary, Government of Rajasthan informed the Chief Engineer (HQ), PHED that the letter dated 22.1.1996 was withdrawn.;