Jai Prakash Gaharwar vs State Of Rajasthan

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 9804/2020 Jai Prakash Gaharwar S/o Sh. Laxman Singh, Aged About 27 Years, R/o Non Karan Ka Ahta, Ward No. 37, Nasirabad Road, Ajmer Currently Posted At Office Of The Assistant Engineer, Sub Div. Reodar, Public Health And Engineering Department, Sirohi, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.

2. The Chief Engineer (Administration), Public Health And Engineering Department, Jal Bhawan, Civil Line, Jaipur.

3. The Assistant Engineer, Office Of The A.En., Phed, Sub-

----Respondents Connected With (2) S.B. Civil Writ Petition No. 5024/2020 Ankur Kumar S/o Sh. Mahesh Chand, Aged About 30 Years, R/o Near Alladin Flour Mill, Subhashpura, Bikaner, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Public Health And Engineering Department, Government Of Rajasthan, Jaipur.

2. The Chief Engineer (Administration), Public Health And Engineering Department, Jal Bhawan, Civil Lines Jaipur.

3. The Assistant Engineer, Office Of A.En., Phed, Sub-

                                                                ----Respondents


For Petitioner(s)        :     Mr. Shridhar Mehta
For Respondent(s)        :     Mr. Rishi Soni for
                               Mr. Pankaj Sharma, AAG




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                      JUSTICE DINESH MEHTA

                                      Order

16/03/2021

1. Counsel for the petitioner submits that the controversy involved in this writ petition is no more res integra in view of judgment of this Court (Jaipur Bench) in S.B. Civil Writ Petition No.7330/2016 (Vimla Devi Saini Vs. State of Rajasthan & Anr., decided on 20.11.2017) and further affirmed by Division Bench judgment of this Court (Jaipur Bench) in D.B. Civil Special Appeal (Writ) No.877/2019 (State of Rajasthan & Anr. Vs. Vimla Devi Saini, decided on 30.9.2019).

2. Mr. Rishi Soni, learned counsel appearing for the respondents is not in a position to dispute the aforesaid position of facts and law.

3. He however submits that though, SLP against the Division Bench judgment rendered in case of State of Rajasthan Vs. Vimala Devi Saini (DBSAW No.877/2019) has been dismissed, but Hon'ble the Supreme Court vide order dated 02.03.2021 (SLP No.26449/2020) has kept the question of law open.

4. Having examined the record and in view of the submissions so made, this Court is of the view that the controversy involved in the present matter is covered in light of Division Bench judgment dated 30.09.2019 rendered by Vimala Devi Saini (supra), operative portion whereof reads thus :-

"In the present case, the respondent is possessing degree of B.E. Even if she applied against diploma category, the rules permit her to seek change of the category from diploma to degree quota, of course, subject to availability of vacancies and further (Downloaded on 16/03/2021 at 09:02:03 PM) (3 of 3) [CW-9804/2020] subject to a rider that her seniority amongst the Junior Engineers (Degree Holders) shall be determined from the date of occurrence of vacancy against which she would be appointed on the post of Junior Engineer (Degree Holder) and one third of her previous experience shall be counted as experience on the post of Junior Engineer for the purpose of promotion to the next higher post. It has not been disputed that there is indeed vacany available in the quota of Degree Holders Junior Engineer."

5. In view of the aforesaid, the present petitions are also allowed and the respondents are directed to consider petitioners' candidature (who are working as Junior Engineer) for transfer from Diploma Holder to Degree Holder.

6. Needful be done within a period of six weeks from today.

(DINESH MEHTA),J 42-43-Amar/-

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