STATE OF RAJASTHAN Vs. AMOLAK CHAND

JUDGEMENT

(1.) NON -petitioner Amolak Chand, Assistant Engineer (Civil) in the Irrigation Department, Government of Rajasthan, felt aggrieved by the order dated 11 -6 -82 superseding him by nine persons, junior to him, who had been promoted to the post of Superintending Engineer under Rule 27(1) of the Rajasthan Service of Engineers (Irrigation Branch) Rules, 1954 (here in after referred to as the 'Rules of 1954). He, therefore, preferred an appeal before the Rajasthan Civil Services Appellate Tribunal, Rajasthin, Jaipur (here in after referred to as 'the Tribunal'). The Tribunal accepted the appealand directed the respondent to accord urgent/temporary promotion to the appellant at its earliest on the post of Superintending Engineer (Civil) Under Rule 27(1) of the Rules of 1954 with effect from the same date when any body junior to him joined on the said post in pursuance of the impugned order dated 11 -6 -82. The appellant was also held entitled to get all the benefits consequential to such promotion retrospectively.

(2.) BEING dissatisfied by the aforesaid order of the Tribunal, the State of Rajasthan has filed this writ petition Under Articles 226 and 227 of the constitution of India for issuance of writ in the nature of certiorari quashing and setting aside the aforesaid order of the Tribunal dated 4 -8 -1982. Respondent Amolak Chand entered caveat in the writ petition.

(3.) THE brief facts of the case are as under: Non -petitioner Amolak Chand was appointed as Assistant Engineer (Civil) in the Irrigation Department, Government of Rajasthan, after his selection through the Raja than Public Service Commission in the year 1954. In the year 1964 he was promoted as officiating Executive Engineer and was subsequently selected for that post by the Departmental Promotion Commitiee for short 'DPC' in the year 1974. In the year 1975 regular selection for the promotion for the post of Superintending Engineer, was made against three posts. The meeting of the DPC was held in the year 1977 but result was with held. The DPC again mnet in the year 1978 and by the order dated November 3, 1979, 22 persons were promoted to the post. The appellant, along with four other senior Executive Engineers, filed an appeal against that order before the Tribunal, challenging the validity of the recommendations made by the DPC and the aforesaid order dated 3 -11 -78 The appeal was accepted and the order under challenge was quashed. The writ petition filed against the order of the Tribunal was dismissed by the High Court on 27 2 -81. The Government without implementing the decision of the review DPC of 1978 for declaring the result of the DPC said to have met in the year 1979, passed the order dated 11 -6 -82 supersiding the non -petitioner by nine persons junior to him The contention of the non -petitioner in the appeal before the Tribunal, as reproduced in the writ petition, was that, non -petitioner Amolak Chand was selected for the post of Executive Engineer by DPC in the year 1974 which was challenged by one H.K. Hingorani in a writ petition before this Court. IN compliance to the judgment dated 23 -11 79 pronounced by this Court. the DPC against met in the year 1981 and non -petitioner was selected for the post of Executive Engineer vide Government Order dated 1 -5 -81.