N K MITTAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner by this writ petition has challenged the amendment dated 20 th May, 1975 and 3rd April, 1980 made in the Rajasthan Service of Engineers (Irrigation Branch) Rules, 1954 (here in after referred to as the Rules of 1954). The petitioner has further prayed that promotions made vide orders dated 11th August, 1975 and 29th August, 1979 may be quashed and the seniority list issued on 3rd September, 1975 may also be quashed. The petitioner has prayed that he was appointed substantively against permanent post of the Assistant Engineer, thereby he should be promoted to the post of Executive Engineer. He has further prayed that the recruitment of respondents Nos. 13 to 16 and 18 to 28 in the Rajasthan Canal Project Department and Irrigation Department may be quashed.

(2.) THE petitioner after obtaining diploma in Mechanical Engineering was appointed as drawing instructor at Polytechnic College, Jodhpur. Subsequently the petitioner was selected as drawing instructor and was appointed as such in substantive capacity on the permanent post of drawing instructor with effect from March 10, 1965. The petitioner passed AMIE (Mech,) examination from the Institute of Engineers (India) and was appointed as Officiating Lecturer in Mechnical Engineering at Polytechnic College, Kota. Thereafter he was regularly selected on this post vide order dated 2nd July, 1968.

(3.) MR . Mardia, appearing for the petitioner submitted that the persons who have been recruited in the Rajasthan Canal Department cannot be deemed to be member of the Rajasthan Service of Engineers (Irrigation Branch) Rules, 1954 and therefore they cannot be placed above the petitioner. Secondly he submitted that the amendments made in the Rules of 1954 are illegal and they should be quashed.