B N BHOOTRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two writ petitions raise almost identical questions of law and facts and, therefore, they were heard together and are being disposed of by a common order.

(2.) THE facts necessary for the disposal of these two writ petitions briefly stated are: that the petitioner Shri B.N. Bhootra being an Engineering Graduate joined his service as Junior Engineer with the State of Rajasthan in Public Works Department (B&R;) on 15.7.1961 and was selected for the same post by the RPSC in the year 1963. Before his confirmation as Junior Engineer, he applied for selection to the post of Assistant Engineer as a direct recruitee and he was selected by the RPSC on the post of Assistant Engineer and he was appointed as Assistant Engineer vide order dated 5.7.1965. However, when the petitioner was not confirmed as Junior Engineer with effect from 31.12.1963 and was not further considered for promotion in the year 1965 as Assistant Engineer, he filed an appeal before the Rajasthan Civil Service Appellate Tribunal, Jaipur (for short 'the Tribunal'), which came to be decided vide order dated 7.12.1981. The learned Tribunal has observed as under:

(3.) AGGRIEVED against this, he filed a writ petition before this Court and that writ petition came to be decided by this Court on 15.10.1974 see Umed Med Lodha and Ors. v. State of Raj. and Ors. 1974 WLN 945. In that writ petition, a learned single Judge of this Court passed the following order: In the result, therefore, I order that a DPC shall be convened within a period of three months to consider the cases of the petitioners as respondents No. 3 to 17 in Shri Umedmal's case. The writ petition of Shri N.C. Rajvanshi is dismissed against respondents No. 3 to 11 and Nos. 12 to 27. It is allowed against respondents Nos. 28 to 44 in Shri Rajvanshi's case and such of the respondents who are found eligible by the DPC shall be considered for promotion alongwith the writ petitioners. The orders passed in Shri Rajvanshi's case shall govern the writ petitions of Shri Badri Narain and Shri Shyamdass. The writ petitioners Sarvashri N.C. Rajvanshi, Badri Narain and Shyamdass, who are working on temporary basis as Executive Engineers like respondents No.3 to 11 (viz., SarvashriS.S. Shekhawat, V.S. Ahlawat, D.K. Karnawat, P.C. Jain, H.C. Nakra, D.S. Pardi, Dhanraj, M.L. Bohra and Niranjan Purohit) as also these respondents will continue to work as such till the DPC makes its recommendations afresh and the Govt. in pursuance make fresh appointments according to law.