R DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE service condition of Engineers in Rajasthan is governed by the Rajasthan Service of Engineers (Building and Roads Branch), Rules, 1954. It was amended from time to time. The last amendment was made on 24th of July, 1995. The effect and scope of this amendment was considered by a Division Bench of this Court in D.B. Civil Special Appeal No. 416/95 (State of Rajasthan and Ors. v. Rambabu Gupta and Ors.), connected with Special Appeals No. 436/94 and 833/94, decided on 29.8.1995. Another Division Bench, of which one of us was a Member, was not inclined to agree with the view taken in that case. In order to resolve controversy, the matter has been referred to this Full Bench.

(2.) THE main issue to be considered is whether the appointments for the year 1995 -96 will be made under the amended Rules, which had come into force on the date of the appointment or it will be made under the unamended Rules.

(3.) PETITIONERS are Superintending Engineers in Public Works Department. They have challenged appointments of the respondents No. 2 and 3 as Additional Chief Engineers on the ground that they did not possess the five years requisite experience as Superintending Engineer on the date of their appointments as Additional Chief Engineer. The prayer made in the writ petition is for quashing of their appointments and the State Government may be directed to make fresh appointments to the posts of Additional Chief Engineer in accordance with amendments made in the Rules.