KRISHAN GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT petition came to be filed by the incumbent in 2000 with the grievance that revision of selection grade granted to him prior to his promotion as Junior Engineer vide order dt. 13.9.1999 (Ann-5) which stood withdrawn & re-fixed detrimental to his interest vide order dt. 24.3.2000 (Ann-6) was not in conformity with the Circular of State Government dt. 25.01.1992 as there is impediment that one could be considered eligible for grant of selection scale in lieu of his promotion in the ordinary course but such of the incumbent who are not eligible for promotion or holding isolated post still entitled for selection grade in terms of para-5 of circular (supra) and admittedly the petitioner was not eligible for promotion to the post of Engineer Research which is included in the Schedule appended to Rajasthan Forest Service Rules, 1962 ( "Rules,1962 ") and being aggrieved the petitioner assailed vires of Rules,1962 on the premise that in other services of the State Government like Rajasthan Service of Engineers (Building & Roads Branch) Rules, 1954, Rajasthan Service of Engineering & Research Officers (Irrigation Branch) Rules, 1954 and Rajasthan Service of Engineers & Allied Services (Public Health Branch) Rules, 1958 persons with qualification of diploma/ITI in their respective branch on completion of 10 years service become eligible for promotion to the post of Assistant Engineer but as regards the present Scheme of Rules,1962 there is no provision regarding promotion for such incumbent who are ITI holders and such action of the respondent according to the petitioner is discriminatory and in violation of Art.14 & 16 of the Constitution.

(2.) BEFORE examining the submission made apart from assailing validity of the relevant Scheme of Rules appended to Rules 1962, it will be appropriate to quote relevant part thereof which reads ad infra:

(3.) APART from submission regarding assailing vires of rules in question, counsel further submits that after the petitioner was promoted as Junior Engineer in the pay scale 10 of 5000-8000 vide order dt. 13.9.1999 (Ann-5) selection grade granted to him prior thereto was withdrawn and refixed by later order dt. 24.03.2000 detrimental to his interest and that could not be acted upon without due compliance of basic requiement of principles of natural justice being the settled principle of administrative law that no-one should be condemned unheard and admittedly in the instant case no opportunity of hearing was afforded before the order came to be passed detriment to his interest impugned herein dt. 24.03.2000 and the same deserves to be quashed.