BAJRANG LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition has been filed by the petitioners, praying therein that by an appropriate writ, order or direction, the respondents be directed to finalize the provisional seniority list published on 22. 10. 2003 (Annexure 4) and, after finalizing the seniority list, the respondents may further be directed to convene the Departmental Promotion Committee (D. P. C.) for promotions to the post of Assistant Engineers (AENs), on the basis of seniority amongst the Junior Engineers, working with the Urban Improvement Trusts (UITs ). It has also been prayed that the respondents may be restrained from filling up the posts of Assistant Engineers lying vacant in various Urban Improvement Trusts by deputation from other Departments.

(2.) THE facts giving rise to the instant petition are that the petitioners have obtained their degrees of Civil Engineering as well as Diploma in Civil Engineering from the recognized Universities and hence, they were eligible for appointment on the post of Junior Engineer (JEN) (Civil ). THErefore, they were appointed on the post of Junior Engineers (JENs) and since then, they are working on the said posts.

(3.) PART-V of the Rules, 1954, which prescribes procedure for recruitment by promotion, reads as under:- " The procedure for selection is that as soon as it is decided that recruitment to a certain number of posts in the service shall be made by promotion, the Chief Engineer shall prepare a correct and complete list containing names and not exceeding 5 times the number of vacancies, out of the senior most substantive Junior Engineers and he shall forward this list along with their confidential reports and personal files to the Secretary to the Government and, thereafter, a Committee consisting of the Chairman of the Commission of the Chairman is unable to attend, to any other Member thereof nominated by him and other Secretaries not below the rank of Deputy Secretary and the Chief Engineer shall consider the cases of all the persons included in the list, interviewing such of them as they deem necessary and shall prepare a list containing names of suitable candidate up to twice the number of such posts as are indicated in sub-rule (1 ). "