GORDHAN LAL Vs. S K DURGIA

JUDGEMENT

(1.) THE only point urged in support of this writ petition is that the petitioner's case was not considered at me time of promoting respondent No. 1, Shri S.K. Durgia as Assistant Engineer, though the petitioner was also entitled to be considered for that post.

(2.) THE relevant facts may be stated as follows: The petitioner obtained Delima in Civil Engineering in the year 1959 and was appointed as Junior Engineer m the Rajasthan Stop Electricity B and (respondent No. 2) by as order dated 24th February, I960 He passed Section B of the Associate Membership Examination of Institute of Engineers, India (hereinafter referred to as A.M.I.E.) on 1st August. 1968 A seniority list of Junior Engineers (Civil) was prepared on 1st March, 1986 and the petitioner was shown at serial No. 9 (vide Annexure'2) The petitioner was promoted as an Assistant Engineer (Civil) on ad hoc basis on 1st May, 1971 and is still continuing in that capacity It is further alleged that respondent No. 1 Shri Durgia is a Diploma holder only and he was appointed as Junior Engineer in the Rajasthan State Elect, city Board in the year 1958. He was transferred and posted as Junior Engineers; (Civil) by order dated 8th December, 1964 and two months thereafter he was apposite as Assistant Engineer on ad hoc basis. In 1966 a Selection Committee was constituted to approve regularize promotions and appointments of officers holding the post of Assistant Engineer. The Committee' examined 5he rape of Shri Durgia on 26th. Against, 1966 and found him unsuitable and consequently Snri Duraia was reverted to the post of Junior Engineer, but he was again promoted to the post of Assistant Engineer on 21stSeptember, 1966. But on being screened by the Screening Committee on let April, 1967 be was again found unsuitable and was reverted. His representation was also rejected by the Rajas than State Electricity Board on 7th August, 1967 and thereafter he proceeded on leave. However, he again came to be promoted as Assistant Engineer on and hoc basis on 3rd April, 1969. His case was considered by the Selection Committee and on its recommendation, the Board by its order dated 6th July, 1972 approved/regularised the promotion of Shri S.K. Durgia as Assistant Engineer (Civil).

(3.) THE petition has been opposed by the Board on two grounds: (1)It is urged, in the first instance : that the petitioner was not eligible for being considered for promotion to the post of Assistant Engineer on 3rd April, 1959, inasmuch as according to the Rajasthan State Electricity Board (Service of Engineers) Regulations Schedule 1 relating to junior posts, an A.M.I.E Junior Engineer becomes eligible for appointment as Assistant Engineer only when be has rendered two years service as Junior Engineer after passed his A.M.I.E. Examination. Since the petitioner passed his A.M.I.E. Examination on 16th November, 1963, he could not have been appointed as Assistant Engineer before 16th November, 1970. It is thus contended that on 3rd April, 1969 the petitioner's case could not have been considered for promotion to the post of Assistant Engineer. (2)The other contention raised on behalf of the Board in this respect is that the Board, by its order dated 6th July, 1972, had simply approved/regularised the promotion of Shri S.K. Durgia Assister Engineer who had been promoted on ad hoc basis for a period of six months vide order dated 3rd April, 1969, It is submitted that Shri Durgia has not been substantively appointed as Assistant Engineer and the order must be construed only as the continuation of the term of Shri Durgia on ad hoc basis and, therefore, it was not necessary to put the case of the petitioner before the Selection Committee.