MOHD. UMAR Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) By this petition for writ, a direction is sought by the petitioner for his promotion to the post of Mistry Grade-I from the date person junior to him stood promoted as such.

(2.) In brief, the facts of the case are that the petitioner was employed with Indira Gandhi Canal Project (hereinafter referred to as I.G.N.P.) as mason on work-charge basis with effect from 13th July, 1975. One Shri Ishwar Lal was also employed as mason in work-charge cadre with I.G.N.P. On 22nd April, 1980. The petitioner as well as Shri Ishwar Lal both were employed in 16th Division of I.G.N.P., Bikaner. Respondents under an order dated 01st Oct., 1983 allowed promotion to Ishwar Lal to the post of Mistry Grade-I as per provisions of the Standing Order for workmen engaged on work-charge establishment in Rajasthan Canal Project. Being aggrieved by the same, petitioner submitted a complaint to the competent authority of the department and by acting upon the same, by order dated 10th Aug., 1992, promotion given to Shri Ishwar Lal vide order dated 01st Oct., 1983 was withdrawn.

(3.) Shri Ishwar Lal assailed validity of the order dated 10th Aug., 1992 by preferring a petition for writ before this Court and that came to be accepted on the count that the order impugned was passed in violation of principles of natural justice, accordingly, an order dated 07th Aug., 1996 was passed by the Executive Engineer, 16th Division, I.G.N.P., Bikaner, withdrawing the order dated 10th Aug., 1992. Accordingly, position of Ishwar Lal as Mistry Grade-I as that was prior to 10th Aug., 1992 stood restored.