LexBHAGIRATHDAN versus STATE OF RAJASTHAN AND ORS.
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A BHAGIRATHDAN v. STATE OF RAJASTHAN AND ORS. AUGUST 14, 1992 B [DR. T.K. THOMMEN AND S.P. BHARUCHA, JJ.] Civil·Service-Mines and Geology Department--Post·of Deputy Drilling ~ Engineer-Promotion-Requirements-Better educational qualification whether obviates the prescribed practical experience-Non-mentioning of performance of c what work from time to time in the pleadings before the Courts-Affidavit at last moment of hearing in Supreme Court-Effect of. Rajasthan Mines and Geological Service Rules, 19~Schedule-Entry 6-Post of Deputy Drilling Engineer-Promotion-Requirements-Better educa- ~. D tional qualification whether obviates the prescribed practical Experienc~Ab- sence of what work perf onned in the pleadings before the Courts-Affidavit at last moment of hearing in Supreme Court-Effect of. The appellant in C.A. Nos. 2946-47 of 1992 was appointed as an Assistant Engineer in the State Woolen Mill on 18.7.1972. On 12.12.1975, E upon being declared surplus therein, he was appointed as an Assistant Mechanical Engineer in the Mines and Geology Department of the State Government (the first respondent). On 25.9.1973, the appellant in C.A. No. 2948 of 1992 was appointed -~ as an Assistant Mechanical Engineer in the Mines and Geology Depart- F ment. ~- On 30.9.1977, two posts of Deputy Drilling Engineer fell vacant. The appellants filed writ petitions in the High Court praying that the State Government be directed to consider their cases for promotion to the post G of Deputy Drilling Engineer and, if found suitable, to be so promoted with effect from the date upon which the vacancies occurred. The appellant also challenged the appointments of the third and fourth· respondents to take ~ charge of the vacant posts of Deputy Drilling Engineer on the.ground that the respondents were much junior to them. H The promotions to the post of Deputy Drilling Engineer were regu- 882 ----- . .._ ~' ~ BHAGIRATHDAN v. STATE OF RAJASTHAN 883 lated by Entry 6 of the Schedule to the Rajasthan Mines and Geological A Service Rules, 1960. It was amended on 20.S.1977 and again on 11.8.1982. On 17.2.1984 the State Government issued an order banning promo- tions to the post of Deputy Drilling Engineer, for the period 20.S.1977 to B 31.3.1983. · On7.3.1984, the writ petitions were allowed, inter alia, holding that the appellants were ~ligible for promotion to the post of Deputy Drilling Engineer as they possessed the necessary qualification and experience. c The Single Judge of the High Court rejected the contention of the respon- dents that the amendment to the Entry 6 of the Schedule was retrospective in operation and held that it did not debar the appellants from being considered for promotion against vacancies existing before 6.11.1982. Appeals were filed by the respondents. Pending the disposal of the D. appeals, on 17.12.1986, the third and fourth respondents were promoted to the posts of Deputy Drilling Engineer upon a temporary basis and they were confirmed on 19.12.1987. On the same day, the appellants were promoted to the post of Mechanical Engineer. The Division Bench of the High Court rejected the contention of the ,E appellants that the experience of five years prescribed thereby was only for diploma-holders and there was no requirement of any experience of drilling or of maintenance of drilling machines for degree~holders and set aside the judgment of the Single Judge. F The present appeals were filed by special leave challenging the judgment of the Division Bench of the High Court. The appt'ilants contended that it W&s clear from the Entry 6 of the ' Schedule that tilere was no necessity of five years' experience of drilling G or of maintenance of drilling machines in the case of degree-holders such as the appellants; that the experience of five years that was prescribed -, was only in respect of diploma-holders; and that the appellants possessed the' necessary experience of five years in the maintenance of drilling , madames. H 884 SUPREME COURT REPORTS (1992] 3 S.C.R. A Dismissing the appeals, this Court B c D HELD : 1.01. The qualification that an Assistant Drilling Engineer or an Assistant Mechanical Engineer had to possess for being promoted to the post of Deputy Drilling Enginner was (a) a diploma in Mechanical Engineering and (b) five years' experience of drilling or of maintenance of drilling machines. The qualification prescribed was two
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