M S KACHWAHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application for review of a part of the judgment of this Court dated May 4, 1965 in civil writ petitions No. 1747, 1751 and 1681 of 1964, which related to the promotion of Assistant Engineers of the Public Works Department (Buildings and Roads Branch) to temporary post of Executive Engineers on the recommendations of the Departmental Promotion Committee appointed under Rule 26 of the Rajasthan Service of Engineers Building and Roads Branch) Rules, 1954. The applicant Shri M.S. Kachwaha was impleaded as a respondent in the writ petitions, but he did not put in appearance in them.

(2.) THE proceedings of the Departmental Promotion Committee were first challenged before us in D. B Civil writ petition No. 1217 of 1964 (H.P. Kuchal v. State of Rajasthan and others decided on 12 -10 -1964). It was held by this Court that the cases of the petitioners in that writ petition did not receive a fair and proper consideration at the hands of the Departmental Promotion Commiteee. This decision became final and was accepted by the Government. The present petitioners whose cases also did not receive a fair and proper consideration at the hands of the Departmental Promotion Commi ttee made a representation to Government which admitted that their cases should be considered again vide order No. F. 15 -248 -pw. 58 dated 5th February, 1965 which runs as follows: The representations of Sarva Shri Bhim Singh, Brij Gopal Sharma and Bhavdish Prasad Jain, Assistant Engineers, Public Works Department, alleging their supersession by others have been considered by the Government in the light of the judgment passed by the Hon'ble High Court of Judicature for Rajasthan dated 12 -10 -1964, in the writ petitions Nos 1217/64, 1227/64, 1256/64, and 1331/64. After careful consideration of the representation of the above mentioned three Assistant Engineers, P.W. D. and a scrutiny of the proceedings of the Departmental Promotion Committee dated 12 -11 -63 and in view of the judgment of the High Court holding that the recommendation of the D.P.C. were not properly made as adverse entries the C. Rs. were not duly communicated to all officers eligible for promotion and they were not given an opportunity of furnishing an explanation in terms of the Appointments Department Circular No. F. 15 (Apptts. A) /II/63 dated 8 -1 -64, the Government are pleased to reconsider their earlier decision accepting the recommendations of the D.P.C. dated 12 -11 -1963 in respect of the Executive Engineers and to order that the orders No. F. 15 -248 -PW -58 dated 21 -7 -64 and No. F. 15 -248 -PW -58 dated 1 -9 -64, may not be considered as orders of promotion in respect of the officers mentioned therein but the orders in question may be and are by modified to the extent that all the Executive Engineers functioning as Executive Engineers under those orders may continue as Officiating Executive Engineers on an ad hoc Basis only till the Departmental Promotion Committee meets again and reconsiders the whole position in the light of the High Court judgment afore -mentioned and submit its recommendations afresh to the Government and Government pass fresh orders.

(3.) IT was held by this Court that the Rajasthan Service of Engineers (Buildings and Roads Branch) Rules, 1954 did not contain any provision empowering the Government to make promotions on an ad -hoc basis otherwise than on the recommendations of the Departmental Promotion Committee. The Court accordingly allowed the 3 writ petitions, quashed the last part of the order of the State Government dated 5 -2 -65 which ran as follows: All the Executive Engineers functioning as Executive Engineers under these orders may continue as officiating Executive Engineers on ad -hoc basis only till the Departmental Promotion Committee meets again and reconsiders the whole position in the light of the High Court judgment afore -mentioned and submit its recommendations afresh to the Government and Government may pass fresh orders. and the order dated 6 -3 -65 promoting other officers named therein as officiating Executive Engineers on ad -hoc basis.