JUDGEMENT
PRAKASH GUPTA,J. -
(1.) The instant writ petition under Article 226 of the Constitution of India has been preferred by the petitioner with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may most graciously be pleased to accept and allow the writ petition and further be pleased:
i. Held illegal to the action of the respondents whereby the order dated 31.05.2008 issued in respect of the petitioner, has been reviewed after more than 6 years.
ii. Held illegal to the order dated 08.08.2014 whereby the petitioner has been placed on adhoc basis XEN and seniority list of XEN (Civil) dated 29.05.2015 wherein the name of the petitioner has been removed, and consequently after setting aside the same restore the order dated 31.05.2008 and the petitioner may be allowed to continue on the post of XEN (Civil) on regular post with all consequential benefits.
iii. By an appropriate writ order or direction the order dated 8.8.2014 issued in respect of private respondent No.4 granting him promotion on the post of XEN (Civil) against the vacancy of year 2008-09 in place of petitioner, be declared bad and illegal and same may be quashed and set aside. iv. By an appropriate writ order or direction the respondents be directed to revoke the order dated 8.8.2014 issued in respect of the private respondents, who are juniors, have been given promotion prior to the petitioner on the post of XEN (Civil) v. By an appropriate writ order or direction the respondents be directed to review the seniority list of XEN (Civil) and place the petitioner in Seniority list of XEN (Civil) above the private respondents No.3 to 6.
vi. Any other order which this Hon'ble Court deems just and proper int he facts and circumstances of the case may also be passed in favour of the petitioner.
vii. Cost the writ petition may also be awarded in favour of the petitioner."
(2.) The brief facts necessary for a fair adjudication of the instant writ petition are that the petitioner was appointed as Junior Engineer (Civil) on 14.06.1983 with the Rajasthan State Electricity Board. At the time of his appointment, the petitioner had a Diploma in Engineering. A final seniority list of Junior Engineers was made on 31.03.1984. On 21.08.1993, the petitioner was promoted to the post of Assistant Engineer.
(3.) On 01.04.2009, the respondent-Department issued a tentative seniority list of Executive Engineer (Civil) and the petitioner's name found place at serial number 2 in this seniority list. It was averred by the petitioner that he worked on the post of Executive Engineer (Civil) for a period of one year and duly completed the period of probation. Thereafter, on 12.05.2010 a final seniority list of Executive Engineer (Civil) was issued and the petitioner was placed at serial number 2 in the said seniority list.;
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