VIVEK PRAKASH MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS common order will dispose of the preliminary objection as to the maintainability of the above writ petitions filed in this Court by Shri Vivek Prakash Mathur, Shri M. L. Chaurasia and Shri Richpal Singh raised on behalf of the respondents. All these five writ petitions relate to matters concerning promotion to the posts of Superintending Engineers and Chief Engineer in the same Department of the Government of Rajasthan, namely, the Ground-Water Department, Jodhpur. Previously all the three petitioners were holding the posts of Executive Engineers in the Ground Water Department. Rules regulating the recruitment and conditions of service pertaining to the Ground Water Department under the proviso to Article 309 of the Constitution and known as Rajasthan Ground Water Board Service Rules, 1969 were framed by the Governor and promulgated in that year. Prior to 1. 11. 1973, the position of Rules regarding promotion to the post of Superintending Engineer was that an appointment to this post in the service was to be made by selection strictly on the basis of merit and on the basis of seniority-cum-merit in the proportion of 1:2. THIS criteria of promotion was altered by an amendment made in the Rules and published in Rajasthan Gazette dated November 1, 1975. It was provided by the amended Rule 25 (3) of the Rules that selection for promotion to all other higher posts of higher categories of posts in the service was to be made on the basis of merit alone. The Rules further underwent a change on March 7, 1978 and it was provided by Rule 25 (6) that selection for promotion to ail other higher posts or higher categories or posts in the State service shall be made on the basis of merit and on the basis of seniority-cum-merit in the proportion of 50:50. So far as selection or promotion to the highest post or highest categories of posts in the State Service was concerned, it was provided by Rule 25 (7) that it shall always be made on the basis of merit alone. THIS was the Rule in force with effect from March 7, 1978.

(2.) SHRI CM. Dhadda was promoted to the post of Superintending Engineer in the Ground Water Department on the basis of merit on January 28,1970 and SHRI T N. Mehra was promoted to the post of the Superintending Engineer on the basis of seniority-cum-merit on September 8, 1970. These promotions were made against two vacancies which had occurred in the posts of Superintending Engineers in the year 1970 in the Department, Next vacancy of the post of Superintending Engineer occurred in the year 1972 and against that vacancy SHRI M. M. Gupta was promoted as Superintending Engineer on the basis of seniority-cum-merit. No further vacancy in this category of the posts occurred before the year 1981-82. It was in the year 1981-82 that one vacancy of the post of Superintending Engineer took place and SHRI Vivek Prakash Mathur petitioner in Writ Petitions Nos. 2228 of 1987 and 3191 of 1987 was promoted as Superintending Engineer on the basis of merit. It may hereby noted that when the vacancy of the post of Superintending Engineer occurred in the year 1981-82, the criteria for promotion to this post was according to Rule 25 (6) of the Rules on the basis of merit or on the basis of seniority-cum-merit in the proportion of 50:50. SHRI Vivek Prakash Mathur was confirmed on the post of Superintending Engineer with effect from June 4, 1982. Thereafter one vacancy in the post of Superintending Engineer occurred in the year 1982-83. As against the vacancy of this year, SHRI M. L. Chaurasia, petitioner in Writ Petitions Nos. 2988 of 1987 and II of 1988, was promoted as Superintending Engineer on the basis of seniority-cum-merit. SHRI T. N. Mehra who was then posted as Chief Engineer Ground Water Department expired on October 24, 1984. Consequent upon the death of SHRI T. N. Mehra, Chief Engineer, Ground Water Department, Jodhpur, SHRI Vivek Prakash Mathur senior-most Officiating Superintending Engineer was promoted to hold the charge of the post of the Chief Engineer in addition to his own duties with immediate effect till further orders by an order of the Government in Agriculture Department No. F. 767/agri. /iii/84 dated November 7, 1984. Thereafter Government in continuation of its aforesaid order dated November 7, 1984, passed an order dated September 11, 1985 posting SHRI Vivek Prakash Mathur as Chief Engineer, Ground Water Department, Jodhpur in his own pay scale of Superintending Engineer with immediate effect. He was directed to handover the charge of the post of Superintending Engineer to SHRI P. C. Jain, Executive Engineer, who was to perform the duties of the post of Superintending Engineer in addition to his own duties. It may here be mentioned that although SHRI Vivek Prakash Mathur and SHRI M. L. Chaurasia were respectively promoted on the post of Superintending Engineer as against the vacancies occurring in the years 1981-82 and 1982-83, but their promotion orders were issued on April 10, 1987 and thereby their dates of confirmation on the post of Superintending Engineer were respectively specified as June 4, 1982 and October 13, 1983'

(3.) SHRI Vivek Prakash Mathur in his writ petition No. 2228 of 1987 has prayed for a writ or direction to the effect that order dated August 21, 1987 finding him unsuitable for the post of Chief Engineer may be declared to be invalid and may be quashed and the State of Rajasthan be forbidden from giving effect to its said order. It has further been prayed that the State of Rajasthan be directed to pay to the petitioner the emoluments of the post of Chief Engineer on and from November 7, 1984 till he is made to discharge duties as Chief Engineer even if for any reason he is not found entitled to do so after a particular date. In his second Writ Petition No. 3191 of 1987, SHRI Vivek Prakash Mathur has prayed that the order of the State Government dated November 24, 1987 promoting SHRI P. C. Jain as Superintending Engineer on the basis of merit may be declared to be invalid and quashed and the State of Rajasthan be directed that the Departmental Promotion Committee will consider his case for promotion to the post of Chief Engineer to the exclusion of SHRI P. C. Jain in the vacancy occurring in the year 1984-85. It is further said that the Departmental Promotion Committee should consider his case for promotion to the post of Chief Engineer not only on the basis of merit but on the basis of seniority-cum-merit in the vacancy which occurred in the year 1984-85, and 1985-86 and then for 1986-87 if occasion arises therefore by confining consideration of the petitioner alone.