JALAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed by as many as 23 petitioners who are all working on the post of Assistant Engineer with Public Works Department of the State Government with the prayer that respondents be directed to consider them as holders on the post of Asstt. Engineer in substantive capacity with effect from 16th Nov. , 1988 by treating them to have been selected against the vacancies of the year 1988-89 and accordingly reckon their seniority.

(2.) FOUNDATIONAL facts as set out in the pleadings are that the petitioners were initially appointed as Junior Engineer in the service of the respondents. They were later promoted on the post of Asstt. Engineer (Civil (Degree holder) by different orders of the respondents on urgent temporary basis in ad hoc capacity under Rule 27 of the Rajasthan Service of Engineers (B & R Branch) Rules, 1954 (in short the Rules of 1954 ). The petitioners are since then continuously holding the post of Asstt. Engineer. Subsequently, the respondents by orders dated 3. 11. 92, two orders dt. 8. 6. 1994 and order dated 20. 6. 1994 promoted all the petitioners on regular basis on the post of Asstt. Engineer on the recommendation of the Departmental Promotion Committee. Their promotion order also indicated the vacancies of the year against which they were promoted.

(3.) ON the other hand, Shri Rameshwar Dave, learned Dy. Government Advocate argued that appointment of the petitioners was made only on urgent temporary basis and this facts was fully well known to them. In fact their urgent temporary appointment continued for a long period, which would have otherwise come to an end but for availability of 81 upgrade posts. Upgraded posts were required to be apportioned amongst promotees and direct recruits in the ratio of 50% : 50% as provided in the Rules of 1954. There is no legal basis for claim of the petitioners for grant of seniority from the date of up-gradation of the post. He therefore prayed that writ petition may be dismissed.