SOHAN ROOP RAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition under Article 226 of the Constitution by one Shri Sohan Roop Rai for an appropriate writ, direction or order.

(2.) SHRI Sohan Roop Rat was an Assistant Engineer in Irrigation department of the State of Rajasthan at the relevant time. A provisional seniority lift of Assistant, Engineers; of the Irrigation Branch was published on 8 -5 -59. In this list the petitioner's name was at serial number 59 below that of one Shri Nitya Behari Singh and above respondent Shri P.C. Mathur in Group C. the provisional seniority list was followed by a final seniority list which was published on 16 -6 -60. In this seniority listthe petitioner was assigned the same position as in the provisional seniority list. In this way he claims that he was senior to the concerning respondents as Assistant Engineer. In 1959, a Departmental Promotion Committee met to consider the cases of eligible. Assistant Engineers as Executive Engineers, but the petitioner was not promoted while his juniors came to the promoted as officiating Executive Engineers the petitioner made his representation. It is not disputed that in year 1961 and 1963 there were again meetings of the Departmental Promotion Committees and the petitioner was not prompted though his juniors were promoted as officiating Executive Engineers. For the first time, however, on 5 -1 -65, that is, almost more than after 6 years the petitioner was given a notice of an adverse entry in his confidential rolls made in the year 1959 the adverse entry ran as follows: 1959 Shri Sohanroop Rai's work has been very disappointing. In about 8 or 9 months time very little work has been done in Kalisindh Sub division and long section of only about 6 miles of canals have been got approved. Even here no work of constructing the canals has been done. Should show more energy, initiative and progress. From notice intimating him the aforsaid adverse entry he came to know why he had been superseded in the past the petitioner considered this adverse entry to be unjustified and made a detailed representation to the authorities the Government were satisfied with the explanation furnished by the petitioner concerning this adverse entry and therefore they passed an order on 30 -8 -65 in consultation with the reporting officer, that the adverse entry communicated to the petitioner on 4 -1 -65 be expunged the petitioner was then promoted as officiating Executive Engineer in the year 1965 itself. He, however, went on making representations against him supersession by the previous Departmental Promotion Committee and eventually filed the writ petition in this Court on 9 -11 -70.

(3.) THE writ petition has been opposed by the State. It is denied that the earlier orders of supers session of the petitioner were bad on any of the grounds taken by the petitioner. It was submitted that there were several other relevant considerations which weighed with the Departmental Promotion Committees in the years 1959, 1961 and 1963 then it was further submitted that the writ petition has been filed after an inordinate delay of several years and, therefore, no relief be granted to the petitioner.