- 1- S.B.CIVIL WRIT PETITION NO.2265/93 (Raj.P.W.D. Engineers Association vs. State of Raj. & ors) DATE OF ORDER : 3rd April, 2008 HON'BLE JUSTICE SHRI GOPAL KRISHAN VYAS Mr.M.S.Singhvi, for the petitioner. Mr.Rameshwar Dave, Addl.Government Counsel. In this writ petition, the petitioner association has prayed for directions to the respondents to provide time bound promotion to the members of association by amending the provisions of the Rule of 1954 and the Pay Scales Rules which are in force for the time being. Further it is prayed that State Government may be directed to grant similar pattern of scales as has been granted by other State including the State of Haryana. The petitioner association has raised so many grounds for claiming time bound promotion but in the event of non- availability of provisions in the Rules, this Court cannot legislate law but at the same time the State Government is required to take proper decision for providing promotion avenues to their employees. - 2- According to the petitioner, subordinate staff of the State Government has been granted the benefit of selection scale vide Finance Department Order dated 25/1/1992, whereby, the subordinate staff of the Government Departments have been granted selection scale after completion of 9, 18 and 27 years of service. It is further submitted that for administrative posts also there are Rules for promotion within stipulated time. Relying on the decision of Apex court in case of Council of Scientific and Industrial Research and anr.vs. K.G.S.Bhatt & Anr. Reported in AIR 1989 SC 1972, it is submitted by the learned counsel for the petitioner that technical staff of the Government working in various Departments are also entitled for time bound promotions so also the State Government is also under obligation to remove stagnation in service as has been so done in the cases of ministerial and subordinate staff of the Government Departments. In College Education and Universities also, the U.G.C & Government has provided opportunity of promotion by way of Career Advancement Scheme for Lecturers of the Universities and teachers of the - 3- College/School Education. This Court vide order dated 3/1/2008, after perusing reply filed by the respondents, sought specific explanation from the respondents to apprise this Court as to what action has been taken by the State Government with regard to assurance given by the Government to this Court in the reply filed. Though, an explanation has been submitted pursuant to order dated 3/1/2008 but upon perusal of the same reveals that it is repetition of averments made in reply and nothing more, and the grievance of the petitioner association still survives as it is not redressed in true sense by the State Government. Therefore, it is obvious that the technical staff like civil, mechanical, electrical , computer and mining engineers etc. are the backbone of development of the Country as well State but in engineering cadre even promotions are made upon condition that officer will work on higher post but he will get salary of lower post. Therefore, State Government is expected to take special care for their future prospects. - 4- In the facts and circumstances of the case, so also taking note of the fact that in reply filed by the respondents that the Government is keen to provide better promotion avenues to the employees, the petitioner association may file fresh representation raising all the grounds taken in the writ petition along with a copy of the judgment rendered by Apex Court reported in AIR 1989 SC 1972, within a period of one month from today. Upon filing such representation, the State Government shall take final decision within a period of three months thereafter. It is expected that State Government at time of deciding the representation will consider the case of petitioner association in an objective manner. With these observations and directions, this petition is disposed of. (GOPAL KRISHAN VYAS), J. Pankaj Baweja