MOHAN SINGH Vs. STATE & ORS.

JUDGEMENT

(1.) This writ petition has been preferred by the petitioner inter alia with the prayer that the respondents be directed to grant him promotion on the post of Assistant (Sahayak) with effect from the date the person junior to him so promoted and grant him consequential benefits with interest @ 18% per annum.

(2.) Learned counsel for the petitioner has contended that the petitioner was engaged with the respondents as a Beldar on daily wage basis on 1.5.1992. He was made semi permanent by order of the Superintending Engineer dated 19.9.1998 on completion of two years with effect from 1.5.1994 and was fixed in the pay scale of Rs. 750-940. The Superintending Engineer, Circle Bharatpur issued an order on 16.12.2008 by which Beldars who possessed the qualification of eighth pass or higher were promoted on the post of Assistant. Similarly situated persons were promoted on the post of Assistant by order dated 16.12.2008. Petitioner when he was not promoted submitted a representation to the Superintending Engineer on 30.12.2008. Vide letter dated 25.11.2008, the Assistant Engineer concerned demanded certificates regarding eighth pass from the petitioner and one Tara Chand, Ramesh Chad and Paras Ram. Despite the fact that all four of them have submitted their documents, other three were promoted, but petitioner was not promoted. The Assistant Engineer, PHED, Sub-Division Bayana by its letter dated 26.12.2008 wrote to Superintending Engineer, Circle Bharatpur that documents of the petitioner and Tara Chand were also sent, but even then petitioner was not promoted though Tara Chand was promoted. The Superintending Engineer again issued an order on 26.2.2009 promoting 15 other Beldars on the post of Assistant. In that order, the candidates in the seniority list at S.No.7, 8, 9, , 11 and 12 are much junior to the petitioner as they were declared semi permanent much after him. One Gopal Prasad, who is at S.No. in the seniority list, has been appointed on 14.9.1992 on daily wage basis, whereas petitioner was appointed on daily wage basis on 1.5.1992. It is contended that even during the pendency of the writ petition, large number of Beldars who were junior to the petitioner have been made Assistant, whereas the petitioner's case has not been considered.

(3.) Shri Saurabh Saraswat, learned Deputy Government Counsel for the respondents not only opposed the writ petition, but further submitted that though the documents with regard to educational qualification of the petitioner was sent, but the other service record of the petitioner was not sent to the Superintending Engineer and therefore his promotion was not made.