Writ petitioner challenged an order of transfer and working arrangement affecting his eligibility for promotion to Additional Chief Engineer. The court disposed of the petition without a formal order but directed the Department to conduct DPC for eligible candidates to redress the controversy.
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(1)
SBCWP 71012015
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ORDER
S.B. CIVIL WRIT PETITION ~0.710/2015
vashwant Arya s/o Late ri S.D. Arya, aged about 57 years, R/O VERSUS through Additional secretary, Department of ~ajasthan, secret 2. ~ajasthan Board, "Pant Kri shi hawa an" , pur through its ~eneral Manager. 3. shri sheeshram nding Engineer (now hol di ng the charge ef Engineer, RSAMB, lai pur) Raj astha Marketing Board, "Pant Kri shi ... Respondents
HON'BLE MR.IUSTICE M.N. BHANDARI
Mr. SP sharma, St-. Adv, with Ms. Priya Pareek- for petitioner/s. Mr. RA Katta with Mr. MA ~hakad- for respondent/s.
SBCWP 71012015
(2)
BY the court
BY this writ petition, a challenge is made to the order dated 30.9.2014 at annexure 3 and 4. he post of duties on the A person
now of more than two ve
Learned c submits that none of the sup eligible for promotion to th ii ef Engineer 5-;p thus, initially, -. ~eh . discharge the duties of the post f Engineer and, later on, Mr. shees was transferred to ~aipur. NO one on the post of Additional chi 6 r the Rules, superintending e for promotion on completion of f service and five years experience .p.o.s,t -af superintending w Engineer. The pe $omo@d on the post of Superintending Engineer against the vacancy year 2011- 12 and had not completed five years of service on the date of transfer. In view of above, this court may not cause interference in the impugned order. It is moreso when the order has already been given effect. The petitioner is working at Ajmer for last two years.
(3) SBCWP 71012015
~t is , however, admitted that the Department needs to conduct DPC for the post of Additional chief Engineer, if any of the superintending Engineer has become eligible for the promotion than on the Department would pass
counsel for the for last many years, no promoti on on the post of been conducted. I petitioner has a1 ready compl e of service on the post of s he should be promoted. A di be given to the Department.
I have ssions of learned counsel for the pa the record. The writ a1 1 enge the order of transfer. BY a person junior to the petition ace and asked to discharge duties Additional chief Engineer. he a of the post of Additional chief r, under working arrangement and till promotion on the aforesaid post is made from and amongst eligible candidates. A period of more than two years has already passed after the impugned order and, presently, the petitioner is working at Ajmer. The impugned order has already taken effect .
SBCWP 71012015
(4)
Looking to the aforesaid and as the petitioner was promoted on the post of Superintending Engineer against the vacancy year 2011-12, the writ petition is disposed of without order but with a di rection to the deri ng eligible candidates and provided for promotion, controversy petitioner would get redressed and at the same time, regular The be comp date of
3 issues framed by the court
Whether the petitioner is eligible for promotion to the post of Additional Chief Engineer.
Whether a direction should be issued for the Department to conduct a Departmental Promotion Committee (DPC).
Whether the transfer and working arrangement affecting the petitioner warrants intervention.
2 provisions across 2 enactments
Vashwant Arya
Additional Secretary, Rajasthan Board
Shri Sheeshram Nding Engineer
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
