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K.D. Gupta Vs. State of Rajasthan and ors. - Court Judgment

LegalCrystal Citation
SubjectService
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Writ Petition No. 1225 of 1972
Judge
Reported in1977WLN(UC)478
AppellantK.D. Gupta
RespondentState of Rajasthan and ors.
DispositionPetition dismissed
Cases ReferredBastiram Purohit v. State of Rajasthan and Ors. S.B. Civil
Excerpt:
.....petitioner has no grievance left in the matter now after his subsequent re-confirmation on the post of executive engineer and promotion to the post of superintending engineer. it is not the case of the petitioner that either his chances of promotion to the post of superintending engineer or to any higher post or his seniority or any other right of the petitioner has been prejudicially affected by the exercise undergone by the state government in disconfirmation the petitioner and then reconfirming him after selection be a fresh departmental promotion committee. in these circumstances, it is not necessary now to go into the question about the validity of the deconfirmation of the petitioner by the order of the state government dated july 10, 1972.;(b) constitution of india - article..........by its notice dated may 12, 1972 informed the petitioner that since he was confirmed on the post of executive engineer (mechanical) without reference to the departmental promotion committee, his confirmation on the said post was invalid, as held by this court in bastiram's case, & requited him to show cause why he should not be de-confirmed the petitioner made a representation and after considering the same, the state government by its order dated july 10, 1972 de-confirmed the petitioner from the post of executive engineer (mechanical) in the public health engineering department, the petitioner has challenged his de confirmation by the order of the state government dated july 10, 1972 in the present writ petition.3. the respondents have stated in their reply, that subsequent to.....
Judgment:

D.P. Gupta, J.

1. The petitioner entered the fen ice of the Government of Rajasthan in the Public Works Department (Health) as a Junior Engineer on June 13, 1956. He was thereafter appointed as Assistant Engineer (Mechanical) in a temporary capacity on October 21, 1957 and was confirmed on that post by the order of the State Government dated July 4, 1961 with effect from December 23, 1959. The petitioner was promoted as officiating Executive Engineer (Mechanical) by the order of the State Government dated 3rd April, 1963 against a temporary post, initially for a period of six months but later on his officiating promotion was extended freer time to time. The case of the petitioner is that a Departmental Promotion Committee met on 5th, 9th and 11th November, 1963 for corseting the matter of promotion to various posts in the Public Works Dependent of the State of Rajasthan. The aforesaid Committee mare its recurrent rations in respect of promotions for substantive vacancies as ales' for protons en officiating basis in respect of temporary posts. The petitioner and also amongst the prisons who were recon for bong promoted to the posts of Executive Engineer in officiating capacity against temporary posts. In accordance with the aforesaid recommit deign or the Departmental Promotion Committee the petitioner continued to hold the said post in an officiating capacity until he was confirmed by the order dated May 20, 1970 as the Executive Engineer (Mechanical) with effect from March 1, 1967 on the creation of a permanent post. It may be mentioned here that in the year 1965 a new service viz., the Rajasthan Service of Engineers (Public Health Branch) was constituted and the service rules for regulating the appointments, promotions and other service conditions of members of that service were issued by the State Government vide Notifications dated July 11, 1968, and were published in the Rajasthan Gazette dated July 19, 1968. The petitioner opted for the Public Health Engineering Service and thus became a member the reef by way of initial constitution of the said service. He was consequently transferred to the Public Health Engineering Department b) the order of the State Govt. dated February 15, 1986.

2. The proceedings of the Departmental Promotion Committee, which met in November 1P63, were cha longed before this Court in Bastiram Purohit v. State of Rajasthan and Ors. S.B. Civil writ Petition No. 164 of 1971. This Court by its decision dated May 7, 1971 held that the selections made by the Departmental Promotion Committee which met or. November 1963 for promotions on officiating basis in respect of temporary posts were not in accordance with the Service Rules and confirmation of some Executive Engineers was set aside on the ground that they could not be confirmed until they were duly selected for promotion against substantive posts by a Departmental Promotion Committee in accordance with the relevant Service Rules This Court also gave a direction to the State Government to refer the matter of selection of Executive Engineers against substantive posts to a properly constituted Departmental Promotion Committee and then make appointments to the said posts in accordance with law. The State Government by its notice dated May 12, 1972 informed the petitioner that since he was confirmed on the post of Executive Engineer (Mechanical) without reference to the Departmental Promotion Committee, his confirmation on the said post was invalid, as held by this Court in Bastiram's case, & requited him to show cause why he should not be de-confirmed The petitioner made a representation and after considering the same, the State Government by its order dated July 10, 1972 de-confirmed the petitioner from the post of Executive Engineer (Mechanical) in the Public Health Engineering Department, The petitioner has challenged his de confirmation by the order of the State Government dated July 10, 1972 in the present writ petition.

3. The respondents have stated in their reply, that subsequent to the filing of the writ petition the petitioner's case was duly considered by a properly constituted Departmental Promotion Committee in accordance with the provisions of Rule 24(2) of the Rajasthan Service of Engineers (Public Health Branch) Rule 1968 and the petitioner was duly selected and on the basis of the recommendation of the aforesaid Departmental Propitiation Committee, the petitioner was appointed as Executive Engineer Mechanical) in a substantive capacity in the Public Health Engineering Department by the order dated February 3, 1973 with effect from January 23, 1973 and was placed on probation for a period of six month5. The petitioner was also thereafter confirmed on the post of Executive Engineer (Mechanical in the Public Health Engineering Department with effect from January 23, 1973. Besides this the petitioner was so appointed as a Superintending Engineer (Mechanical) in the Public Health Department with effect from January 23, 1973 by the order of the State Government dated February 3, 1973. The petitioner has since then been also conf it med as Superintending Engineer (Mechanical) in the aforesaid Department with effect from September 24, 1974 by the order of the State Government dated December 2, 1974. The submission of the learned Additional Government Advocate is that the earlier de confirmation has not in any manner affected the petitioner and that the same had to be brought about in accordance with the decision of this Court in Basti Ram Purohit's case It has further been submitted that on account of the subsequent confirmation of the petitioner on the post of Executive Engineer (Mechanical), as also due to his promotion to the post of Superintending Engineer and his confirmation on the last mentioned post, the petitioner has been placed in the same position in which he stood prior to the cider of his de-confirmation was passed by the State Government on July 10, 1972.

4. It is not in dispute that the petitioner's name stood at No. 2 in the seniority list of Executive Engineers (Mechanical), while the name of Shri K.L. Goyal stood at No. 1 in the list of candidates approved for appointment to the pests of Executive Engineer (Mechanical) against temporary posts by the Departmental Promotion Committee which met in November 1963 Shti Rama Kant Sharma was then selected for the substantive post of Executive Engineer (Mechanical) but he has since then left the Department. The Departmental Promotion Committee was duly constituted after the de confirmation of the petitioner and after the petitioner was selected by the said Committee, he was promoted and confirmed again on the post of Executive Engineer (Meehanical) with effect from January 23, 1973. Thus the position of the petitioner in the seniority list of Executive Engineer (Mechanical) in the Department continues to remain unaltered, Learned Counsel for the petitioner was unable to show that the petitioner has suffered in seniority, erne laments, length of experience, eligibility for promotion or other like matters by the aforesaid process of his de-confirmation and re-confirmation on the post of Executive Engineer (Mechanical,. After the petitioner's appointment to the post of Superintending Engineer (Mechanical) in a substantive capacity and his confirmation on the said post, his earlier reconfirmation on the post of Executive Engineer (Mechanical) be the order dated July 10, 1972 has lost all significance and the petitioner has no grievance left in the matter now after has subsequent re-confirmation on the post of Executive Engineer and promotion to the post of Superintending Engineer It is not the case of the petitioner that either his chances of promotion to the post of Superintending Engineer or to any higher post or his seniority or an) other light of the petitioner has been prejudicially affected by the exercise undergone by the State Government in de-confirming the petitioner & then re-confirming him after selection by a fresh Departmental Promotion Con; mil tee. In these circumstances, it is not necessary now to go into the question about the validity of the de-confirmation of the petitioner by the order of the State Government dated July 10, 1972.

5. The case of the State is that the order of de confirmation of the petitioner hid to be passed because this Court in Bastiram's case took the view that the Departmental Promotion Committee which met in November 1963 could not have considered the cases of persons who were already officiating as Executive Engineers against temporary posts and directed the State Govt. to refer the question of selection of such Executive Engineers to a Departmental Promotion Committee and then to make appointments in substantive capacity in accordance with the recommendations of such a Committee. In view ?of the subsequent developments which have taken place, resulting in the substantive appointment and confirmation of the petitioner on the posts of Executive Engineer (Mechanical) and Superintending Engineer (Mechanical) in the Public Health Engineering Department, it is no longer necessary to decide the question as to whether the de-confirmation of the petitioner was necessary or not as a result of the decision of this Court in Bastiram's case and whether the State Government was light in its view that the case of the petitioner and other Executive Engineers (Mechanical) in the Public Health Engineering Branch was also affected by the aforesaid decision of this Court. Learned Counsel for the petitioner was unable to show that any evil consequences or prejudice or even headship has been caused to the petitioner on account of the procedure adopted by the State Government in de-confirmation the petitioner & subsequent confirming him again after his case was examined afresh by a newly constituted Departmental Promotion Committee and he was recommended for such promotion.

6. The only submission which the learned Counsel for the petitioner then tried to advance before me was that the petitioner was subjected to hostile discrimination inasmuch as he was de-confirmed from the pest of Executive Engineer (Mechanical) while 'some other' persons were not similarly de-confirmed. The respondents have stated in their reply that Shri K.L. Goyal who was senior to the petitioner in the cadre of Executive Engineers (Mechanical) was also similarly de-confirmed and the cases of Shri Gojal and the petitioner were referred o the same Departmental Promotion Committee for adjudging their suitability for promotion to the posts of Executive Engineer and on its recommendation, both Shri Goyal and the petitioner were promoted as Executive Engineers (Mechanical) in a substantive capacity with effect from the same date, viz. January 23, 1973 and were alto confirmed on the said posts with effect from the said date. The petitioner has not disclosed the name of any other person, who might have been similarly situated as the petitioner and who has been subjected to like treatment according to him nor any such persons have been made parties to this with petition. In the absence of requisite data, the vague submission of the learned Counsel regarding the alleged discrimination cannot be considered and must be repelled.

7. In this view of the matter, there is no force in this writ petition and the same is dismissed. The parties are, however, left to bear their own costs.


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