Rajasthan High Court - Jaipur
Shailendra Kumar Son Of Shri Swarn Singh vs The State Of Rajasthan on 5 May, 2022
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 17382/2019
Shailendra Kumar Son Of Shri Swarn Singh, Aged About 25
Years, Resident Of Village Morda, Post Samraya, Tehsil Weir,
District Bharatpur (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Joint Secretary
(Admn.)-Ii, Public Health Engineering Department, Govt.
Secretariat, Jaipur (Raj.)
2. Chief Engineer (Admn.), Public Health Engineering
Department, Jal Bhawan-2, Civil Line, Jaipur-302006.
3. Superintendent Engineer, Public Health Engineering
Department, Circle, Bharatpur (Raj.)
----Respondents
For Petitioner(s) : Ms. Komal Kumari Giri
Mr. Arvind Kumar Arora
Mr. Ram Pratap Saini
For Respondent(s) : Mr. Imran Khan, Addl.G.C.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
05/05/2022
Heard on the application.
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
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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
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
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Engineers(Degree Holders) shall
be determined from the date of
occurrence of vacancy against
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.
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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
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
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recruitment only on availability of a
vacancy. Nonconsideration of his
candidatures was on the ground that he
did not apply in the advertisement under
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 petitoner 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."
Pending application(s), if any, shall stand disposed of.
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Counsel appearing on behalf of the respondents has not
disputed the submissions made by the counsel for the petitioner.
In that view of the matter, the present writ petition stands disposed of in view of the judgment passed by a Co-ordinate Bench of this Court in the matter of Vimla Devi Saini (supra).
All the pending applications stand disposed of.
(INDERJEET SINGH),J CHETNA BEHRANI /8 (Downloaded on 07/05/2022 at 09:10:50 PM) Powered by TCPDF (www.tcpdf.org)