G P AGRAWAL Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) SINCE these two review petitions are involving similar question of law, therefore, they are being decided by this common order.

(2.) BRIEF facts of the case are that the petitioners are B. E. and were initially appointed as Project Engineers (Junior) by the Rajasthan Housing Board against the substantive posts in the year 1989 and their services are being regulated by the Rajasthan Housing Board Employees (Conditions of Recruitment and Promotion) Regulations, 1976 (for short `the Regulations of 1976' ). The post of Project Engineer (Senior) is to be filled 50% by direct recruitment and 50% by promotion. The promotion quota was further bifurcated into 25% to be filled from Diploma holders and 25% to be filled from Degree holders. The Board vide its resolution No. 137. 20 dated 9. 12. 1987 amended the said ratio of promotion quota to 30% to be filled from Diploma holders and 20% to be filled from Degree holders and this amendment was approved by the State Government vide its order dated 25. 2. 2000.

(3.) AGGRIEVED and dissatisfied with the aforesaid judgment dated 20. 7. 98 passed by the learned Single Judge, the Rajasthan Housing Board filed D. B. Special Appeal No. 724/1998 titled as Rajasthan Housing Board vs. Prem Nidhi Sharma, and R. C. Burania and others filled D. B. Special Appeal No. 746/1998 titled as R. C. Burania & Ors. vs. The Rajasthan Housing Board & Ors. These two special appeals were arising out of the same judgment dated 20. 7. 98 passed by the learned Single Judge in S. B. Civil Writ Petition No. 827/1997 and the same were dismissed by the Division Bench of this Court vide common judgment dated 31. 7. 2002. The Division Bench having considered the observations made by the learned Single Judge has observed as under:- The direction so issued by the learned Single Judge is obvious that the directions are not at all in any manner affecting the rights of the appellants R. C. Burania & Ors. and no adverse order has been passed against them and if the appellants have any grievance they can raise it before the Housing Board pursuant to the notice to be given to them as the learned Single Judge has specifically directed the Housing Boards to issue notice to the persons who have been promoted in violation of the regulations and after giving them proper opportunity shall pass the order in accordance with the provisions of law. "