SALAMUDEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioner has challenged the entry "welder" in Col. No. 4 of items No. 15 of the Schedule annexed to the Rajasthan Ground Water (Subordinate Service) Rules, 1973 (for short 'the Rules') and has prayed that this entry be declared invalid being discriminatory and violative of Arts. 14 and 16 of the Constitution as by making Welder eligible for appointment by promotion along with Mechanic Gr. II to the post of Mechanic Gr. I has affected the right of the petitioner and like others adversely.

(2.) MR. M. MRidul, the learned counsel appearing for the petitioner has contended that there is difference in pay-scales, qualifications and nature of duties between the posts of Mechanic Gr. II and the Welder. He has submitted that as per item No. 15 of the Schedule annexes to the Rules, 75% posts are to be filed in by promotion from amongst the Mechanic Gr. II over welders who possess 5 years' experience on the post and are literate and 25% posts of Mechanic Gr. I are to be filed in by direct recruitment from amongst to be filled in by direct recruitment from amongst the Welders, who possess diploma in Mechanical or Electrical Engineering with one year's practical experience in repairing of Petrol and Diesel Machines. According to him, clubbing of two posts of Welder and Mechanic Gr. II for promotion to the post of Mechanic Gr. I is arbitrary. He has submitted that the pay scales for the post of Mechanic Gr. II is higher than of a Welder, which is clear from the Schedule appended to the writ petition. The qualifications required for the post of Mechanic Gr. II is more onerous than those required for the post of Welder, for which he has drawn our attention to Annexure-R. showing the minimum qualification for the posts of Mechanic Gr. II and the Welder. So far as his submission, regarding difference in nature of duties is concerned, he has submitted that duty of the Mechanic Gr. II is to repair Rigs, Internal Combustion and all allied machines such as air compressor, welding set. Gen. set etc. whereas the duty of the Welder is only to eld the necessary joints or plates according to the machine device. He has, there fore, submitted that stubbing of theses two posts of Mechanic Gr. II and the Welder for promotion to the post of Mechanic Gr. I is arbitrary and violative of Articles 14 and 16 of the Constitution. In this respect, he drew our attention to the letter Annexure-2 dated 21. 2. 1985 and the letter Annexure-3 dated 20. 4 1995 where in it has been stated that for promotion to the post of Mechanic ' Gr. I, the clubbing of two posts viz. , Welders and Mechanic Gr. II was not proper and hence, the Chief Engineer has recommended for its reconsideration to he State Govt.

(3.) ON the strength of the aforesaid proposition of law enunciated by their lordships of the Supreme Court in Mohd. Usman's case (supra), we will examine the facts of the case and the law which has been cited by both the learned counsel.