CW 4056/2000 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.4056/2000 Mukesh Chandra Mangal Versus State & Ors. DATE OF ORDER : 01/04/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Hemant Gajraj for Mr. Bhanwar Bagri, for petitioner Mr. Shiv Lal Meena, for respondents *** Instant petition has been filed assailing order Ann.4 whereby promotions were made on the recommendation of DPC on the post of Assistant Mining Engineer against the quota of 1998-99 by respondents vide order dated 12th May, 1997. Basic and foremost grievance of petitioner is that despite he being senior to Zakir Hussain, who has been impleaded as respondent No.3, he has been deprived of his right of consideration for promotion on the post of Assistant Mining Engineer. Petitioner was appointed as Surveyor in the pay scale of Rs.1400-2600 vide order Ann.1 dated 9th March, 1993 and at the same time, respondent No.3 was appointed after his selection through Rajasthan Public Service Commission on the post of Mines Foreman Gr.I in the pay scale of Rs.1640-2900 vide order dated 30th September, 1994. Post of Assistant Engineer is included in the Schedule appended to Rajasthan Mines & Geological Service Rules, 1960 and it is to be filled 50% by direct recruitment and 50% promotion quota is divided – 30% from Diploma and 20% from degree holders. It is further to be mentioned that so CW 4056/2000 [2] far as promotion quota is concerned, Mines Foreman Gr.I, Head Draftsman and posts in Subordinate Mines and Geological service carrying scale of pay identical or higher than Mines Foremen Gr.II. are the feeder posts which make an incumbent eligible for promotion to the post of Assistant Mining Engineer. Respondents have filed reply and in Para 4 it has been specifically averred that pay scale of Surveyor is equivalent to that of Mines Foreman Gr.II and petitioner is not eligible as per schedule appended to the Rules, 1960. Rejoinder has been filed by petitioner, but this fact has not been controverted that as to on what basis he became eligible for participation in the process against promotion quota in the present existing scheme of rules. So far as respondent No.3 is concerned, he was holding the post of Mines Foreman Gr.I and it is one of the feeder posts for promotion to the post of Assistant Mining Engineer. The basis of the present petitioner for claiming his seniority over respondent No.3 on the premise that he was appointed prior to him is not legally sustainable and even from record while holding the post of Surveyor, he was not eligible under the scheme of rules. This court finds no substance in the writ petition, the same stands dismissed. [AJAY RASTOGI], J. FRBOHRA4056CW2000 1-4.doc