M.S. MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner seeks annulment of the notification dated 24.7.1995 (Annex.3 to the writ petition) occasioning amendments in the Rajasthan Service of Engineers (Building And Roads Branch) Rules, 1954 (for short, hereafter referred to as "the Rules") in essence, limiting the promotional prospects to the post of Additional Chief Engineer and Chief Engineer only to the incumbents in the post of Superintending Engineer in the Civil discipline. The petitioner, who at the time of initiation of the instant proceedings, was Superintending Engineer (Mechanical), has retired as such on 31.7.2003, in course of which, according to him, he had to serve under officers junior to him, but promoted on the basis of the impugned provisions of the Rules to the higher rank of Additional Chief Engineer and Chief Engineer.

(2.) We have heard Mr.Rajendra Soni, learned counsel appearing for the petitioner and Mr.Hari Barath, learned counsel appearing for the respondents.

(3.) Briefly stated, the facts leading to the filing of the instant petition are that the petitioner, who had been appointed as Junior Engineer with the Public Works Department of the State of Rajasthan (for short, hereafter referred to as "the Department") on 29.8.1964, was selected/promoted to the post of Assistant Engineer under the Rules on 21.11.1967 and then to the post of Executive Engineer on 25.3.1976 and was eventually elevated as the Superintending Engineer (Mechanical) on 30.11.1991 against the vacancy of the year 1991-92 in that rank. Prior thereto, he had been confirmed in the lower grades of Assistant Engineer and Executive Engineer as well. He too was confirmed in the post of Superintending Engineer (Mechanical).