MAJOR SINGH Vs. STATE

JUDGEMENT

(1.) PETITIONER , a Draftsman in the Rural Development Department of the State Government, seeks consideration for appointment as Head Draftsman/ Junior Engineer, retrospectively from the date he was appointed as Draftsman in the Rural Development Department vide Order no. 3962 -66/DREJ dated 18.02.1984, And promotion to the post of Assistant Engineer (Store), retrospectively with effect from 1993, when one V.K.Khosla was appointed as Assistant Engineer, claiming parity with similarly situated persons like V.K.Khosla, Shakil Ahmad and J.A.Wangroo, and the benefit of Reservation allowable to persons like the petitioner who belong to the Reserved category of Scheduled Caste, under SRO 126 of 1994, besides seeking quashing of Government Order no. 449 -Agri of 1999 dated 16.12.1999 whereby his representation seeking consideration, in terms of the directions, issued in his earlier SWP no. 1933/98, was rejected by the State respondents.

(2.) JUSTIFYING issuance of the Government Order dated December 16, 1999 and urging that the petitioner was ineligible to seek consideration for promotion against the post of Assistant Engineer in the Rural Development Department, the respondents have disputed petitioners claim of being similarly situated with the persons named in the writ petition.

(3.) ELABORATING the case set up in their response to the writ petition, it is stated that the petitioners claim for promotion as Assistant Engineer was untenable in the absence of any Rules on the subject, entitling persons working in the Rural Engineering Wing of the Rural Development Department, to promotion.