DALJEET SINGH Vs. RAJASTHAN CIVIL SERVICES APPELLATE TRIBUNAL

JUDGEMENT

(1.) These two writ petitions have been placed before this Bench pursuant to the orders of Hon'ble the Chief Justice on a reference made by the learned Single Judge of this Court on the correctness of the view expressed in the case of Prem Prakash Bidyasar v. State of Rajasthan S.B. Civil Writ Petition No. 1634/1994 decided on 8.9.1995-reported in 1996 WLR 197); and on the interpretation of the Explanation appended to Rule 24A(11) of the Rajasthan Service of Engineers and Research Officers (Irrigation Branch) Rules, 1954 (hereinafter referred to as the 'Rules of 1954'). As per the order passed by the learned Single Judge in these writ petitions on 19.3.2007, the following questions have been referred for adjudication by this bench:

(2.) A brief reference to the background facts would suffice. These two writ petitions by the petitioners Daljeet Singh and Kishore Singh are directed against the same judgment dated 30.3.1999 whereby the Rajasthan Civil Services Appellate Tribunal, Jaipur has allowed the appeal preferred by the private respondent Laxmi Kuma Nuwal and has directed the Government to reconsider his case alongwith the case of the writ petitioners and other eligible candidates for promotion in merit quota on the post of Superintending Engineer, Irrigation Department for the vacancies of the year 1992-93.

(3.) The writ petitioners, on being selected by the Rajasthan Public Service Commission (RPSC), were initially appointed in the year 1970 as Assistant Engineer (Civil) in the Irrigation Department; and were, thereafter, promoted on the post of Executive Engineer (Civil). The writ petitioners were further promoted to the post of Superintending Engineer (Civil against the vacancies of the year 1993-94 on the basis of merit; and were yet further promoted to the post of Additional Chief Engineer by the order dated 2.8.1999 against the vacancies of the year 1999-2000.