BIRDHI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner who is Scheduled Caste is also B. E. in Electrical was selected by the Public Service Commission as Assistant Engineer (Electrical) in July 1991 vide Annexure-1. He is confirmed Assistant Engineer. As per the seniority of the Assistant Engineers (Electrical) as published on 1. 4. 1999, his seniority No. was 17. On the recommendations made by the DPC held on 7. 3. 2000 in terms of Rule 24 (A) of the Rajasthan Service of Engineers (B & R Branch) Rules, 1954 (here- in-after called the Rules), the petitioner was promoted against the quota of 1999-2000 on the basis of seniority cum merit on 30. 3. 2000 vide Annexure-3, ever since he was working continuously as Executive Engineer (Electrical) in Public Works Department. He was reverted vide order dated 10. 7. 2000 to the post of Assistant Engineer (Electrical) on the ground that no post of Executive Engineer (Electrical) was available and being the junior most, he could not be retained. A copy of the reversion order is attached as Annexure-4.

(2.) THE petitioner submits that the order of reversion is illegal and challenges on the ground; (1) that there were 10 vacancies of the Executive Engineer available and as per roster for the category of Scheduled caste, he was entitled to be retained in service on the roster point either at roster point 1 or at roster point 7 as there was no other Scheduled Caste available for holding the post; (2) that having been regularly promoted by the DPC, no opportunity of hearing was given to the petitioner before reverting him; (3) that generally once the Executive Engineer is promoted by the DPC, he is never reverted and such officer is adjusted against the un-categorised vacancy and he had given number of examples and precedents of such action.

(3.) AT the time of promotion on 30. 3. 2000, he was duly qualified and eligible.