MOHAMMAD SALEEM & ORS Vs. STATE AND ORS.

JUDGEMENT

(1.) The writ petitioners, appointed as Junior Engineers in the respondent department in the year 2009, were placed as Incharge Assistant Engineers in terms of various orders passed in the light of the Cabinet Decision No. 128/2014 dated 16-07-2014, having the effect of creating 177 posts of Assistant Engineers in the Rural Development Department. It is stated that the last seniority list of Junior Engineers (Civil) was updated in the year 1996, which was notified vide Govt. order No. 225-PW(R&B) of 2012 dated 11-05-2012. However, to the utter dismay of the petitioners, the respondents issued the Govt. order No. 319-PW(R&B) of 2015 dated 01-12-2015 and order No. 321-PW(R&B) of 2015 dated 01-12-2015, by the dint of which, the placement of the petitioners has been revoked/rescinded and the orders of their placement came to be cancelled, as they were found junior to the private respondents and, therefore, not entitled to be placed as Incharge Assistant Engineers. It is stated that the decision to cancel the placement of the petitioners was taken after one of the Junior Engineers, namely Danish Iqbal filed a writ petition (SWP 2298/2014), challenging the promotion of the petitioners. In the said writ petition, the Court passed an interim direction directing the respondents to consider the claim of the petitioner therein. It is further stated that the respondents issued the impugned order No. 321-PW(R&B) of 2015 dated 01-12-2015, promoting one Danish Iqbal, the petitioner - in SWP 2298/2014, along with eleven others as Assistant Engineers.

(2.) The orders aforementioned have been questioned on the grounds, inter alia, that the same have been passed at the back of the petitioners and they have not been given any prior notice, thereby the orders are violative of the articles 14 and 16 of the Constitution. Petitioners have further stated that revoking their order of placement as Assistant Engineers would tantamount to discrimination against them. It is further stated that the petitioners have been placed as Incharge Assistant Engineers more than a year back and ever since they have been discharging their duties with honesty and dedication and their demotion to the previous position would be equivalent to punishment, since they cannot be made to suffer due to the negligence of the Department. Petitioners have further stated the action on the part of the respondents is bound to stigmatize them as their goodwill in the society will be seriously lowered and damaged. It is further stated that by issuance of a writ of certiorari, the impugned orders aforementioned be quashed and the respondents be directed to allow the petitioners to continue on the posts of Assistant Engineers.

(3.) In the objections filed by the respondents, it is stated that the petitioners have no cause of action to file this writ petition as the same is grossly misconceived and they cannot invoke the extra ordinary jurisdiction of this Court. It is further stated that none of the rights of the petitioners have been violated and there arises no occasion for them to approach this Hon'ble Court. It is pleaded that the Department mooted a proposal for placement of eligible Junior Engineers as Incharge Assistant Engineers in accordance with the recruitment rules. Accordingly, 177 posts of Assistant Engineers were distributed amongst direct/degree and diploma holders. It is further pleaded that sanction was accorded to the placement of the Junior Engineers (degree holders) as Incharge Assistant Engineers vide Government order No. 362-PW(R&B) of 2014 dated 14-08-2014 and No. 409- PW(R&B) of 2014 dated 29-09-2014. However, some Junior Engineers filed representations before the Department and one Mr. Danish Iqbal, filed SWP No. 2298/2014, challenging the placement of the Junior Engineers as Incharge Assistant Engineers. It is stated that the direction of the Court dated 16-12-2014, passed in the said writ petition, was complied with and the representations of the Junior Engineers were examined and it was found that some discrepancy had actually taken place due to non availability of the final seniority list of Junior Engineers and non inclusion of the category certificates in favour of some reserved category candidates. It is also stated that after the record was scrutinized, it was found that the petitioners should not have been placed as Incharge Assistant Engineers, being lower in merit than the claimants (private respondents) as per recommendations of the Service Selection Board (SSB). In this view of the matter the placement of the petitioners as Incharge Assistant Engineers was decided to be rescinded/revoked. The discrepancy that had occurred was rectified by the respondents by issuing the Government order No. 319-PW(R&B) of 2015 dated 01-12-2015. It is also submitted that all those candidates who have been placed as Incharge Assistant Engineers in terms of Govt. order No. 321-PW(R&B) of 2015 dated 01-12-2015 are senior to the petitioners as per the merit-cum-select list furnished by the SSB from time to time. Accordingly in view of the above narrated facts, which is based on the available record, the Govt. order No. 361-PW (R&B) of 2014 dated 14-08-2014 and Govt. order No. 409-PW(R&B) of 2014 dated 29-09-2014, which placed the petitioners as Incharge Assistant Engineers, were revoked/rescinded and were deemed to be void ab initio. It is stated further that in view of the above, the writ petition be dismissed as not maintainable.