BHOPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two writ petitions raise a common question of law and facts and, therefore, they are being disposed of by this common judgment.

(2.) PETITIONER Bhopal Singh was initially appointed as Beldar on daily wages basis in the Irrigation Department in the year 1974. He was made quasi-permanent on the post of Beldar on 6. 7. 77. The petitioner, therefore, on 11. 5. 79, was promoted on the post of Helper Grade II. Some posts of drivers fell vacant in the Irrigation Department. The petitioner was, also, one of the candidates for the post of driver. He was called for interview by the letter dated 18. 9. 80. He appeared before the Selection Committee but he was not promoted as persons senior to him were available, who were promoted. Later on certain persons junior to the petitioner on the post of Helper Grade II were promoted to the post of drivers but the case of the petitioner was not considered. Representations were made by the petitioner. He, also, raised his grievance before the Grievance Committee. The Grievance Committee met on 28. 11. 88. It was resolved by the Grievance Committee that the petitioner should be promoted to the post of driver within the period of one month. Certain other decisions were, also, taken in the meeting of the Grievance Committee. In pursuance to the decision of the Grievance Committee, the petitioner was promoted to the post to Tractor Driver vide order Annexure 5 dated 9. 2. 90. The petitioner joined his duties on the post of the Tractor Driver in the Office of the. Assistant Engineer, Irrigation Sub-Division II, Sirohi. Certain posts of drivers were declared surplus in the month of March, 1990, vide Annexure 3 and the petitioner, along with three other persons, was asked to report in the Office of the District Collector, Pali. The petitioner, in pursuance of the order dated 24. 3. 90, reported himself on duty before the District Collector, Pali, on 243. 90. The petitioner, along with five other persons, was taken on duty. The District Collector, Pali, by its order Annexure 8 dated 24. 4. 90, relieved these six surplus drivers and directed them to report themselves on duty before the Executive Engineer, Irrigation Division, Sirohi. The petitioner reported himself on duty before the Executive Engineer, Irrigation Division, Sirohi, on 25. 4. 90. The Executive Engineer, Irrigation Division, Sirohi, by its order dated 25. 4. 90, directed all these six drivers, including the petitioner, to report themselves on duty in the Office of the Assistant Engineer, Irrigation Sub-Division in which they were working prior to their being declared surplus. In pursuance to the order Annexure-10, the petitioner reported himself on duty in the Office of the Assistant Engineer, Irrigation Sub-Division, Sirohi. He was taken on duty, but later- on, the District Collector, Pali, sent twenty-three surplus employees for absorption in the Office of the District Education Officer, Pah. In this letter Annexure 12, the petitioner's case was shown at Serial Number 22 and his designation was shown as Helper Grade II. The District Collector, Sirohi, also by his letter Annexure-13, absorbed nineteen surplus personnels in the various Offices under his control. The name of the petitioner, in this list, has been shown at Serial Number 18. The petitioner has been shown as Helper Grade II and he was absorbed in the Office of the District Animal Husbandry Officer, Sirohi. The petitioner, in S. B. Civil Writ Petition No. 2204 of 1990, has challenged the order Annexure 12 and Annexure 13, wherein the petitioner has been shown as Helper Grade II instead of driver. In pursuance to the orders Annexure 12 and Annexure 13, the petitioner was relieved in the afternoon of May 11, 1990, from the Irrigation Department and was directed to report himself on duty in the Office of the District Education Officer, Pali, vide order Annexure 2 dated 11. 5. 90 (in S. B. Civil Writ Petition No. 2257 of 1990 ). Thereafter the order Annexure 5 dated 15. 5. 90, was issued by the Executive Engineer, Irrigation Division, Sirohi, by which the order dated 9. 2. 90, promoting the petitioner to the post of Driver, was cancelled and the petitioner was reverted to the post of Helper Grade II. The petitioner, in S. B. Civil Writ Petition No. 2257 and 1990, has challenged the order Annexure 5 dated 15. 5. 90, passed by the Executive Engineer, Irrigation Division, Sirohi, by which the order dated 9. 2. 90, promoting the petitioner, was cancelled.

(3.) IN the result, both the writ petitions, filed by the petitioner, are allowed. The order Annexure-5 dated i5. 5. 90, passed by the Executive Engineer, Irrigation Division, Sirohi, cancelling the order dated 9. 2. 90, is quashed and set-aside and the respondents are directed to absorb the petitioner on the post of driver and not on the post of Helper Grade II.