STATE Vs. ANIL KUMAR

JUDGEMENT

(1.) THIS Special Appeal has been filed by the State of Rajasthan, against the judgment of learned Single Judge dated 21. 9. 1999, allowing the writ petition of the present respondents, who are 5 in number, precisely relying on the judgment of Hon'ble the Supreme Court, in Vijay Singh Deora & Ors. Vs. State of Rajasthan & Anr. , reported in (1997) 3 SCC 118, and holding, that the writ petitioners were initially appointed on ad-hoc basic as Junior Engineers, and were continued in service as degree holder Junior Engineers, till they were regularly selected later on, and during the period of their recruitment as ad-hoc, and till they were regularised in service, there was no break in the service, several persons among the diploma holder Junior Engineers have acquired Engineering Degrees, who were transferred to the seniority list of degree holder Junior Engineers, and that in doing so, an error was committed, and those transferred persons were shown senior to the petitioners, on the ground, that the appointment of the petitioners was ad-hoc, though prior in time. It was found that in Vijay Singh's case, Supreme Court has ordained, that in such circumstances, the degree holder Engineers shall rank senior to the diploma holders, who have come into the cadre as diploma holders and acquired qualification of degree after the date of recruitment of the degree holders, originally so recruited, as they have been recruited prior in point of time. Against this judgment, this appeal came up for admission on 3. 4. 2000, and after hearing the appellant and the caveator, the appeal was dismissed in limine, without notice to other side. THIS order of this Court dated 3. 4. 2000 was challenged by way of SLP before Hon'ble the Supreme Court, and Hon'ble the Supreme Court, vide order dated 6th of February 2001 allowed the appeal of the State. It was held, that the learned Single Judge has decided the writ petition holding that the controversy was covered in Vijay Singh Deora's case, but the learned Single Judge did not consider the effect or validity of Rule 28, which was reproduced and that in Vijay Singh's case applicability, effect or validity of Rule 28, had not been dealt with at all, as in that case, seniority was not fixed on basis of this Rule, and therefore, the question raised was not covered by that decision, rather this aspect raised in the writ petition should have been considered on merits, as such, the order was set aside, and the matter was sent back to the Division Bench, for consideration of appeal on its merits. Accordingly, the appeal has come up now, for hearing before us.

(2.) WE may briefly recapitulate the facts of the case, which are as under:

(3.) THIS is the resume of the pleadings of the parties.