CWP 7566/08 1 In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur. ** Civil Writ Petition No.7566/2008 Laxman Prasad Meena & ors. Versus State & ors. Date of Order ::: 18/09/2009 Hon'ble Mr. Justice Ajay Rastogi Mr. Ashok Bansal, for petitioners Mr. Hemant Mathur, for respondents. Petitioners are members of ST category and are working as Executive Engineers on the basis of their regular selection against the vacancies determined for the year 2003-2004. Their grievance is that despite having completed 5 years of service as on 01st April, 2008 and became entitled for promotion on the post of Superintending Engineer, which is a next higher post included in the Schedule appended to the Rajasthan Service of Engineers and Research Officers (Irrigation Branch) Rules, 1954, the respondents have failed to consider their candidature for promotion for the year 2008-2009 against the vacancies reserved for the members of ST. By a detailed interim order passed by this Court on 06th August, 2008, this Court directed the respondents to consider the petitioners for promotion to the post of Superintending Engineer (Civil) against the vacancies determined for the year 2008-2009 on CWP 7566/08 2 provisional basis and the recommendations be kept in sealed cover. It has been informed to this Court that pursuant to the interim order passed by this Court, their candidature has been considered by the DPC but it is presently in sealed cover as directed by this Court. Counsel for petitioner submits that the issue raised in the instant petition is no more integra in view of the judgment reported in 1994(3) WLC Page 537 wherein it has been held that the incumbent is entitled to seek experience from the 1st day of the year of selection. To be more specific, if the incumbent has been promoted against the vacancies of the year 2003-2004, as in the instant case, will be entitled to get the benefit of experience from 01/04/2003. Indisputably, if the petitioners' experience of completing five years of service, which is a pre-requisite condition, is considered from 01/04/2003, they become eligible for promotion for the post of Superintending Engineer against the vacancies of the year 2008-2009 determined as on 01/04/2008. The controversy, which has been examined by this Court in the judgment referred (supra), could not be controverted by counsel for respondents also. It is not the CWP 7566/08 3 case of the respondents that the petitioner does not fall in zone of consideration against the number of vacancies determined of ST for the year of 2008-2009 Taking note of the judgment of this Court referred (supra), the petition deserves acceptance and since all the four petitioners have completed five years of service as on 01/04/2008, a right stood accrued in their favour for consideration against the vacancies of the year 2008-2009 in the cadre of Superintending Engineer and they have already been considered under the interim order of this Court. Consequently, the petition stands allowed. The petitioners are declared to be eligible for promotion against the vacancies determined for the year 2008-2009 in the cadre of Superintending Engineer (Civil) and as they have already been considered under interim order of this Court, the respondents are directed to open the sealed cover and implement the recommendations. Appropriate orders in this regard be issued by the respondents in terms of the recommendations of the DPC within a period of two months. (Ajay Rastogi), J. Raghu-7566cw2008-final.doc CWP 7566/08 4