Rajasthan High Court

Yogesh Kuamr Jangid S/O Shri Mangi ... vs State Of Rajasthan on 26 August, 2021

Bench: Inderjeet Singh

     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 893/2020

1.   Yogesh Kuamr Jangid S/o Shri Mangi Lal Jangid, Aged
     About 28 Years, R/o Plot No. 165, Ganwari Mod, Choti
     Jamat      Chawani,         Neem         Ka     Thana,      District   Sikar,
     Rajasthan.
2.   Sushmita Saini D/o Shri Bhagwan Sahay Saini, Aged
     About 24 Years, R/o Near Meena Mandir, Vivekanand
     Nagar, Sector No. 4, Alwar, Rajasthan.
3.   Rashmi Jain D/o Shri Rajendra Prasad, Aged About 25
     Years, R/o 1 Ka 301-302, Shivaji Park, Alwar Rajasthan.
4.   Preeti D/o Shri Leela Ram, Aged About 25 Years, R/o
     3/169, Kala Kuan Housing Board, Alwar, Rajasthan.
                                                                   ----Petitioners
                                    Versus
1.   State Of Rajasthan, Through Its Principal Secretary, Public
     Health Engineering Department Rajasthan, Secretariat,
     Jaipur.
2.   The   Chief       Engineer         (Administration),          Public   Health
     Engineering Department, P.h.e.d. Head Office Campus,
     Jaipur, Rajasthan.
                                                                 ----Respondents

Connected With S.B. Civil Writ Petition No. 20188/2018

1. Urvashi Dixit D/o Shri Hari Kant Dixit, Aged About 25 Years, R/o Mohalla Sed Ka Marg, Gopalgarh, District Bharatpur (Rajasthan).

2. Hitesh Kumar S/o Shri Sushil Kumar, Aged About 25 Years, R/o 263, Adarsh Colony, Daud Pura, Alwar (Rajasthan).

----Petitioners Versus

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

2. The Chief Engineer (Administration), Public Health And Engineering Department, Jaipur (Rajasthan).

                                                (2 of 7)                  [CW-893/2020]


                                                                     ----Respondents

S.B. Civil Writ Petition No. 10329/2020 Rama Singh D/o Jeet Singh, Aged About 40 Years, R/o Plot No. 3, S-3, Iind Floor, Sky Diamond Building, Patel Vihar, Mansarovar, Jaipur Presently Working On The Post Of Junior Engineer (Civil) Diploma Holder, P.h.ed. Department, City Sub- Division-6 (North) Banipark, Jaipur.

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department, Government Of Rajasthan, Secretariat, Jaipur.

2. Chief Engineer (Admn.), Public Health Engineering Department, Jal Bhawan, Jacob Road, Jaipur.

----Respondents

For Petitioner(s) : Mr. C.P. Sharma Mr. Ram Pratap Saini For Respondent(s) : Mr. Imran Khan, Addl.G.C.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

26/08/2021

Heard on the applications.

Counsel for the petitioner submits that the issue involved in

this writ petition has already been considered and decided by a

Co-ordinate Bench of this Court in the matter of "Vimla Devi Saini

Vs. State of Rajasthan & Ors." [S.B. Civil Writ Petition

No.7330/2016] decided on 20.11.2017, which reads as under:-

"Learned counsel for the petitioner submits that controversy raised in the instant writ application stands resolved in view of the adjudication made by a Coordinate Bench of this Court at Principal Seat, Jodhpur, in the case of Charu Joshi Vs. State of Rajasthan & Ors.: SBCWP No. 419/2015, decided on 22nd January, 2016, after affording an

(3 of 7) [CW-893/2020]

opportunity of hearing to the counsel for the Staterespondents observing thus:

"5. I have heard learned counsel for the parties and have considered the facts of the case.

6. Rule 6 (1A) of the Rules of 1967 reads as under:-

"6. Methods of Recruitment:- Recruitment to the Service after the commencement of these rules shall be made by the following methods in the (D.B. SAW/877/2019 has been filed in this matter. Please refer the same for further orders) proportion as indicated in column 3 of the schedule-

(a) direct recruitment in accordance with part IV of these rules, and

(b) Promotion (in accordance with Part V) of these rules):Provided-

         (1) that if the Appointing
         Authority      is     satisfied     in
         consultation          with        the

Commission, where necessary, that suitable persons are not available for appointment by either method of recruitment in a particular year, appointment by the other method in relaxation of the prescribed proportion may be made in the same manner as specified in these rules; (1A) If a Diploma Holder Junior Engineer attains the qualifications of B.E. (Civil/Mechanical/Electrical), or AMIE, he shall be entitled on his application and subject to availability of vacancy, to be appointed as direct recruitment but in that case his seniority amongst the Junior Engineers(Degree Holders) shall be determined from the date of occurrence of vacancy against

(4 of 7) [CW-893/2020]

which such Junior Engineer has been appointed on the post of Junior Engineer (Degree Holder) and one third of his previous experience shall be counted as experience on the post of Junior Engineer for the purpose of promotion to the next higher post."

A reading of the aforesaid rule shows that a person who is Junior Engineer(Diploma Holder) attains the qualification of B.E. (Civil, Mechanical, Electrical or A.M.I.E.) shall be entitled, on an application, to be appointed as Junior Engineer(Degree Holder) by transfer against the quota of direct recruitment, but his case for seniority amongst the Junior Engineer(Degree Holder) shall be determined from the date of occurrence of vacancy with a further rider that 1/3rd of his previous experience shall be counted as experience on the post of Junior Engineer for the purpose of promotion to the next post.

7. This rule can be broken up into two segments, first being that if Junior Engineer (Diploma Holder) attains additional qualification, namely, B.E.

(Civil, Mechanical, Electrical or A.M.I.E.), he can move an application to be appointed as Junior Engineer(Degree Holder) by way of transfer against the quota meant for direct recruitment of Degree Holders, but this would only be subject to availability of vacancy. The second limb of the rule pertains to, how the seniority is to be determined.

8. Admittedly, the petitioner was Diploma Holder in Civil (D.B. SAW/877/2019 has been filed in this matter. Please refer the same for further orders) Engineering on

(5 of 7) [CW-893/2020]

the date of submission of his application form, i.e. 30.6.2008. The interview was held on 23.5.2009 and appointment was offered on 17.9.2009. The additional qualification of A.M.I.E. was acquired subsequent to the date of submission of application. Rule 6(1A) clearly specified that a Junior Engineer (Diploma Holder) who attains qualification of A.M.I.E. shall be entitled to be appointed as Junior Engineer (Degree Holder) by transfer against the quota of direct recruitment only on availability of vacancy. Reading of rule does not show that a only such Junior Engineer (Diploma Holder), can be considered for transfer to the quota of direct recruitment of Degree Holders if he has obtained degree while in service and after obtaining permission from the Department. Rule is silent to that effect and it certainly cannot be construed otherwise.

9. In the present case, the petitioner on the date of application was only had the qualification of Diploma Holder, even though he was undergoing A.M.I.E. Course and was in the final year. If the petitioner had applied, there was no guarantee that he would have qualified . The only surety, in his hands, was that he was a Diploma Holder and had a reasonable opportunity of being appointed as Junior Engineer(Diploma Holder). In case, he did not qualify in the degree course, he would have lost the opportunity under the Diploma quota as well. Rule 6(1A) only specifies that in case a Junior Engineer(Diploma Holder) attained qualification, he shall be entitled to be appointed as Junior Engineer(Degree Holder) by way of transfer against the quota of direct recruitment only on availability of a vacancy. Nonconsideration of his candidatures was on the ground that he did not apply in the advertisement under

(6 of 7) [CW-893/2020]

the Degree Holder quota and especially since he was already undergoing the third/final year examination is not tenable in view of the fact that the petitioner would be entitled to transfer only in case there is a vacancy and then of course the seniority would be reckoned as per rules.

10. In view of the above, the above noted writ petition is allowed with the direction to the respondent to consider the case of the petitioner for transfer in the quota of direct recruitment of Junior Engineer(Degree Holder) by way of transfer in case there is a vacancy and to compute his seniority according to the Rules.

"Learned counsel further submits that instant writ application (D.B. SAW/877/2019 has been filed in this matter. Please refer the same for further orders) be also disposed of in terms of the order in the case of Charu Joshi (supra). In view of the statement made, the instant writ application stands disposed off in terms of the order in the case of Charu Joshi (supra) as extracted hereinabove.

The application (IA No.66480/2017) stands closed."

Counsel for the respondents submits that the respondent-

state of Rajasthan filed Special Leave Petition (Civil) Diary No(s).

No.26449/2020, which was dismissed by the Hon'ble Supreme

Court vide order dated 02.03.2021, which reads as under:-

"We see no ground to interfere with the orders passed by the High Court. The Special leave Petitioners are dismissed. However, the question of law is left open."