MAHENDRA KUMAR GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Under challenge is the letter dated 29-1-2004 whereby the Chief Engineer Irrigation was required by the State Government to remove the name of petitioners, initially engaged as Junior Engineer (Diploma) (Civil) on temporary/ ad hoc basis but regularised as Junior Engineer (Degree) (Civil) from the Seniority list of Junior Engineers (Degree) (civil).

(2.) The petitioners were appointed as Junior Engineers (Diploma) (civil) in the Irrigation Department on urgent temporary basis under Rule 27 of the Rajasthan Engineering Subordinate Service (Irrigation Branch) Rules, 1967 (hereinafter 'the Rules of 1967') from time to time between 1987 and 1997. The appointments were initially in each case for six months, but were however extended. Albeit appointed Junior Engineers (Diploma) (civil), in view of the petitioners' educational qualification of BE/ AMIE, the Finance Department vide letter dated 5-7-1997 allowed the petitioners higher pay.

(3.) Vide notification dated 28-7-1998 clause 10 was added to Rule 6 of the Rules of 1967. This newly added clause provided that those inter alia appointed as Junior Enigneers on adhoc/ urgent/ temporary basis upto 28-2-1997 and had continuously worked as such on the date the amendment came into force would be screened by a Committee constituted under Rule 24 of the Rules of 1967 for adjudging their suitability on post of Junior Engineer, if they possessed the requisite qualification and experience as prescribed in the Rules either for direct recruitment or for promotion. Similarly clause 13 to Rule 28 of the Rules of 1967 was added by way of the said amendment dated 28-7-1998 and provided that inter se seniority of Junior Engineers screened and found suitable for appointment by regularisation under Rule 6(10) would be on the basis of their length of service on urgent/ temporary basis on the posts held and such persons would rank junior to those persons appointed on regular basis on the post of Junior Engineers upto the date of amendment i.e. 28-7-1998.