LexVIJAY SINGH DEORA ETC. ETC. versus STATE OF RAJASTHAN AND ANR. ETC. ETC.
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A VUA Y SINGH DEORA ETC. ETC. v. STATE OF RAJASTHAN AND ANR. ETC. ETC. OCTOBER 3, 1996 B [K. RAMASWAMY AND K. VENKATASWAMI, JJ.] Se1Vice Law : Rajasthan Engineering Subordinate Se1Vice (Irrigation Branch) Rules, c 1967: Rules 2(1), 6 and 27-lnter se seniority of Junior Engineers called Group A Officers, Group B Officers and Group C Officers-Held, seniority of Graduate Junior Engineers i.e. Group A Officers, appointed to the posts D prior to 30.6.1978 should be reckoned from the respective dates of either initial appointment on the date availability of substantive vacancy whichever is late,.._(Jroup B Officers who were appointed subsequently to 30.6.1978 and obtained degree qualifications thereafter would get into the quota prescribed for direct recruitment of Graduate Engineers from the respective dates on which they obtained degree qualification or on which substantive vacancy E become available, whichever is later--Seniority of Group C Officers would be reckoned either from the actual date of their respective appointment against substantive vacancy or from the date when the substantive vacancies became available to them whichever occurred later since they were appointed by transfer to the Junior Engineers degree holders quota-Eligibility for promo- F lion of Group A Officers as Assistant Engineers would be detemiined from the dates the substantive vacancies became available for them though they might have been appointed earlier on temporary basis-Their qualifying ser- vice should be counted accordingly-Qualifying se1Vice of Group B Officers would be reckoned from their respective dates of coming into substantive vacancies-If there is short-fall in qualifying se1Vice1 the balance period be G taken into consideration from their one third selVice rendered as diploma holder Junior Engineers-Seniority of Group C Officers would be reckoned from the date of appointment by tr an sf er or from the date of availability of substantive vacancy whichever is late~f there is any shortfall in qualifying se1Vice1 one third of se1Vice rendered by them as Sub Engineers would be H taken into account only for making good the balance of qualifying se1Vice--l11 170 .. - VS. DEORA v. STATE 171 case even one third of service as Sub Engineer was not sufficient as qualifying A service, they would not become qualified for promotion. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 119 of 1994 Etc. From the Judgment and Order dated 4.9.91 of the Rajasthan High B Court in D.B.C.M.P. No. 117 of 19.91 in D.B.C.W.P. No. 1711 of 1989. Tapas Ray, Yogeshwar Prasad, M.N. Krishnamani, Sushi! Kr. Jain, AP. Dhamija, Aruneshwar Gupta, Pradeep Agrawal, Mrs. Rachna Gupta, P.K. Bajaj and S.R. Setia for the appearing parties. C The following Order of the Court was delivered : Delay condoned. Leave granted in the special leave petition. D I.As. are allowed. These appeals by special leave arises from the judgment of the Division Bench of the Rajasthan High Court dated July 29, 1991 made in W.P. Nos. 4983/89 and batch. Due to long drawn history of litigation and E frequent amendments made to rules, there is lot of confusion in this case. But for the purpose of disposal of these appeals, it is not necessary to traverse the whole gamut of litigation. Suffice it to state that there are three sets of officers in Rajasthan Civil Engineering Subordinate Service (Irriga- tion Branch). Graduate Junior Engineers appointed temporarily prior to June 30, 1978 drawn from the Department of Manpower are called Group A officers. Sub-Engineers, who are diploma-holders, were appointed by ad- vertisement. Thereafter, they acquired degree of Engineering, either B.E. F or AM.LE. and are called Group-B Officers. Sub-Engineers with diploma who were appointed substantively in the lower cadre, on acquiring degree qualifications were appointed by transfer to the cadre of Junior Engineers G and they are called Group-C Officers, Rules prescribe 20% of the quota for direct recruitment of Graduate Junior Engineers. Earlier, Junior En- gineer Graduates and Junior Engineers Diploma-holders were two distinct cadres but later, by amendment dated December 7, 1985, the distinction was done away. The question relates to integration and fixation of seniority H 172 SUPREME COURT REPORTS (1996] SUPP. 7 S.C.R. A among these three sets of officers for the purpose of promotion to the cadre of Assistant Engineers which is the next chan
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