Rajasthan High Court - Jodhpur
Jai Prakash Gaharwar vs State Of Rajasthan on 16 March, 2021
Bench: Dinesh Mehta
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-
Division Reodar, Sirohi.
----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-
Division- 5Th, Shobhasar, Bikaner.
----Respondents
For Petitioner(s) : Mr. Shridhar Mehta
For Respondent(s) : Mr. Rishi Soni for
Mr. Pankaj Sharma, AAG
(2 of 3) [CW-9804/2020]
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
(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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