-1- S.B. Civil Writ Petition No.388/ 1997. Sudhir Verma & Ors. Vs. State & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR J U D G M E N T 1 . S.B. Civil Writ Petition No.388 of 1997. Sudhir Verma son of Shri M.S. Verma & Others VERSUS The State of Rajasthan and Others 2 . S.B. Civil Writ Petition No.6272 of 1996. Rajendra Kumar Sharma S/ o.Sh.Roop Narain Sharma & Ors. VERSUS The State of Rajasthan and Another Date of Judgment :::: May 4th, 2010 Hon 'ble Mr . Ju st ice Moh am m ad Rafiq Ms. Gayatri Rathore and Ms. Madhvi Goswami, Counsel for the Petitioners Mr. Prahlad Singh, with Mr. Dinesh Sharma Mr. Hari Barath, Dy. Govt. Counsel and Mr. Ashwani Jaiman, Counsel for the Respondents * * * By the Court : Heard learned counsel for the parties. These two writ petitions were filed in the year 1996-1997 challenging the Government notification dated 09.12.1996 (Annexure-5) whereby the Rule 7-AA of the Rajasthan Service of Engineers (B & R Branch) Rules, 1954, the Rule 7-D of the Rajasthan Service of Engineers and Research Officers (Irrigation Branch) Rules, 1954 and the Rule 6-D of the Rajasthan Service of Engineers and Allied Post (Public Health Branch) Rules, 1968 were amended. -2- S.B. Civil Writ Petition No.388/ 1997. Sudhir Verma & Ors. Vs. State & Ors. By the aforesaid Rules, the Government had come out with one time promotion by upgrading various posts of the Junior Engineers to that of Assistant Engineers, under the said rules. This was done with a view to conferring one time promotion to those, who had continued on such posts for number of years. Similar, writ petitions bearing S.B. Civil Writ Petition No.454 of 1997 (Ashok Kumar Kalra Vs. State & Others) and S.B. Civil Writ Petition No.455 of 1997, (Bhanwar Lal & Others Vs. State & Others) were filed before the Principal Seat of this Court at Jodhpur challenging the validity of the same rules introduced by way of amendment vide impugned notification herein. Those writ petitions were dismissed vide judgment dated 11th March 1997. Although, the learned counsel for the petitioners sought to re-argue the matter, but on perusal of the aforesaid judgment, I find that the controversy is the same in that judgment. Validity of the rules has been upheld for upgradation of the petitioners, therefore, the pleas of the petitioner that same source of recruitment to the post of Assistant Engineers i.e. 50% by direct recruitment and 50% by promotion, which existed prior to amendment of the -3- S.B. Civil Writ Petition No.388/ 1997. Sudhir Verma & Ors. Vs. State & Ors. rules vide Government notification dated 09.12.1996 (Annexure-5), cannot be accepted. The writ petitions are dismissed in the light of the aforesaid judgment rendered by this Court at the Principal Seat Jodhpur in the case of Ashok Kumar Kalra Vs. State & Others (Supra). ( Moh am m ad Rafiq) , J. Ashok/