SAWAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE case of the petitioner is that he is a confirmed Welder with effect from 9. 9. 1966. According to him, promotion to the post of Mechanic Gr. I is accorded from amongst the holders of the post of Mechanic Gr. II and the Weldors as per item No. 15 of the Schedule appended to the Rajasthan Ground Water Subordinate Service Rules, 1973 (for short 'the Rules' ). He has submitted that some persons who were working as Mechanic Gr. II were promoted as Mechanic Gr. I, prior to the coming into force the aforesaid Rules, on ad-hoc basis, and some more persons who were working on the posts of Mechanic Gr. II were also promoted on the post of Mechanic Gr. I on ad-hoc basis after coming into force of the aforesaid Rules. According to him, these persons were promoted on ad-hoc basis without considering the case of Weldors including himself, who were eligible for promotion to the post of Mechanic Gr. I. He has submitted that respondents No. 3 to 6 are from amongst the persons who have been promoted as Mechanic Gr. I on ad-hoc basis, after the coming into force the aforesaid Rules without considering the cases of the Weldors including himself. He has claimed that he is senior to all these persons on the basis of a combined seniority lists (Ex. 3, 4 and 5) dated 15. 9. 77, 5. 5. 86 and 6. 6. 86. He has also made certain representations. He has submitted that the respondents No. 3 to 6 are being continued on ad-hoc basis since 1973 and no DPC has been convened so far to make substantive appointments on the post of Mechanic Gr. I under R. 26 of the Rules. He has further submitted that the Govt. is under an obligation under R. 24 of the Rules to determine the number of vacancies and to prepare a complete and correct list of the persons upto the 10 times of the number of vacancies out of the senior most persons, who are qualified for promotion to the post of Mechanic Gr. I and to get the competent persons selected under R. 24 (2) of the Rules. He has, therefore, prayed for the issuance of a writ, order or direction to respondents No. 1 and 2 to discontinue the ad-hoc promotion of respondents No. 3 to 6 and further to make selections for the post of Mechanic Gr. . I from amongst the eligible Mechanic Gr. II and Weldors.

(2.) REPLIES to the writ petitions have been filed on behalf of respondents No. land 2 and respondents No 3 separately.