RAJKUMAR KULSHRESTHA Vs. SECRETARY RAJASTHAN STATE

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India for a direction, order or writ in the nature of certiorari and prohibition to bring up and quash the order of reversion dated August 10, 1978, passed by the Rajasthan State Electricity Board (for short the Board) in respect of the petitioner and to restrain the Board from giving effect to the impugned order. The impugned order which is Annexure 4 to the petition is in these terms: Shri R.K. Kulshrestha who is continuing against the temporary post of Executive Engineer on ad hoc basis is hereby reverted to the post of Asstt. Engineer with immediate effect. On reversion as Asstt. Engineer, services of Shri R.K. Kulshrestha are placed at the disposal of the Chief Engineer (Const. & Gen.),

(2.) THE case of the petitioner as set out in his petition may be briefly stated here. The petitioner joined service of the Board as a Junior Engineer on June 2, 1959. He was promoted as Assistant Engineer in officiating capacity vide order (Annexure 1), dated May 26, 1975 In the words of the petitioner this promotion was made 'on ad hoc basis for a period of one year under Regulation 26(1) of the Rajasthan State Electricity Board, Service of Engineers (Recruitment, Promotion, and Seniority etc.) Regulations, 1969' (for short the Regulations). Other Assistant Engineers, 29 in number, were also promoted simultaneously as officiating Executive Engineers on ad hoc basis by virtue of the same order. The petitioner's name appeared at serial number 4 of the said order. The Board also prepared a seniority list (Annexure 2) of Assistant Engineers in September 1968. The petitioner's name appeared at number 106 of the seniority list. Out of the 30 Assistant Engineers promoted as officiating Executive Engineers by virtue of one and the same order mentioned above, as many as 26 are junior to the petitioner in the cadre of Assistant Engineers. This is evident from the seniority list aforementioned.

(3.) ON August 10, 1978, the Board passed the impugned order and the Secretary of the Board issued it reverting the petitioner from the temporary post of Executive Engineer to his permanent post of Assistant Engineer. The petitioner has challenged this order on the grounds that firstly, it contravenes Article 311(2) of the Constitution in that he has been reduced in rank without any charge, inquiry or opportunity of being heard and secondly, it is also violative of the fundamental right of equality of opportunity enshrined, in Article 16 of the Constitution in that while the petitioner has been reverted, 26 officers junior to him in the, substantive cadre of Assistant Engineers have, been retained, as temporary Executive Engineers.