RAMJILAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a writ petition by one Shri Ramjilal under Art. 226 of the Constitution He prays that the selection of respondents Nos. 5 and 6 as Pipe Fitters be quashed and further the respondents Nos. 1 to 4 be directed to promote the petitioner as a Pipe Fitter.

(2.) THE petitioner was a Khalasi to Pipe Fitter under the Inspector of Works (South) at Jaipur. In pursuance of circulars dated 29-8-64 and 7-9-64 he applied, for taking the Trade Test, to the Divisional Engineer (2), Jaipur. He was directed to appear at the Trade Test. He passed the Trade Test and was at No. 7 in the result Ex. 2. THE respondents Jagan Nath and Pratapram, according to the petitioner, never appeared at the Trade Test for a Pipe Fitter and yet by Ex. 2 they were declared to have passed the Trade Test for promotion to the post of Pipe Fitter. THEy were then appointed as Pipe Fitters and the petitioner is challenging their appointment. THE petitioner contends that under the guise of a Trade Test, which respondents Jagan Nath and Pratapram had really never taken, they were promoted as Pipe Fitters and were given undue preference over the petitioner. THE petitioner further contends that the respondents were Blacksmith Tradesman and could, therefore, claim promotion in their channel and not as Pipe Fitters. Lastly, it was urged that the respondent No. 4, the Divisional Engineer, was personally interested in respondents Nos. 5 and 6 and he has managed their promotion.