G N BHARGAVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this petition the petitioner has prayed that a writ of quo - warranto be issued declaring that the respondent No 2, Shri Birsain Jain, is an usurper of the office of the Executive Engineer (Mechanical) in the Rajasthan Canal Project and that he should be ousted from the aforesaid office.

(2.) THE facts which give rise to this writ petition lie in a very narrow compass. The petitioner is an Assistant Engineer (Mechanical) in the Rajasthan Canal Project and was appointed on that post after selection by a duly constituted Selection Committee. The respondent No. 2, Shri Birsain Jain, holds a degree of B. Tech. (Hons) in Agricultural Engineering from the Indian Institute of Technology, Kharagpur and was initially appointed as Assistant Engineer (Mechanical) in the Rajasthan Canal Project (hereinafter referred to as 'the R.C.P.') in the year 1964. He was then promoted as an Executive Engineer (Mechanical) in the R.C.P. in a temporary or ad -hoc capacity by the order of the State Government dated January 18, 1971 and he continues to hold the aforesaid post of Executive Engineer (Mechanical) even now, although in a temporary capacity. The case of the petitioner is that the respondent No. 2 does not possess the minimum qualifications prescribed for the post of Executive Engineer (Mechanical), by the Rajasthan Service of Engineers (Irrigation Branch) Rules, 1954 (hereinafter referred to as 'the Rules'),

(3.) IT is not in dispute that the Rules have been made applicable to the employees of the Rajasthan Canal Project with effect from May 20, 1975. It is also admitted at all hands that the respondent No. 2 holds the degree of B. Tech. (Hons) in Agricultural Engineering of the India Institute of Technology, Kharagpur. Rule 27 of the Rules provides that temporary vacancy in the service may be filled in by appointing in an officiating capacity thereto an officer eligible for appointment to the said post by promotion or by appointing temporarily there to a person eligible for direct recruitment to the service, where such direct recruitment; has been provided under the provisions of the Rules, The post of Executive Engineer (Mechanical), which it included in the Service constituted under the Rules, is to be filled in 100% by promotion from the post of Assistant Engineer (Mechanical) as provided in Schedule I, annexed to the Rules. Thus a temporary appointment could only be made on the post of Executive Engineer (Mechanical) by appointing thereto; an officer m an officiating capacity who may be eligible for promotion to the aforesaid pest The minimum qualifications and experience prescribed for appointment by promotion to the post of Executive Engineer (Mechanical), as prescribed in the aforesaid Schedule are: B.E. (Tech.) or qualifications declared equivalent by Government with 5 years' experience as Assistant Engineer (Tech.) or if diploma holder from recognised institution 15 years' service an Assistant Engineer (Mechanical).