1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.714/06 Bhajan Lal vs. State & Ors. Date of order : 18/8/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Ashok Bansal with Shri Vinod Kr. Sharma ) for the petitioner. Shri B.L. Avasthi, Addl. Govt. Counsel for the State. ****** Heard learned counsel for the parties. This writ petition has been filed by the petitioner Bhajan Lal, who was initially appointed as Junior Engineer by order of the respondents dated 21.9.1987. His appointment was made on ad hoc basis for a period of three months or till the appointment of regularly selected candidates, though in the regular pay scale. He was in that manner allowed to continue in service for a decade and eventually his case was considered by the Screening Committee under Rule 6(1) of the Rajasthan Engineering Subordinate Service (Irrigation Branch) Rules, 1967 2 (for short-the Rules) which recommended for his regularisation. He was then appointed to service on regular basis by order dated 14.5.1998 with effect from 28.7.1997 in compliance of the government notification dated 28.7.1997. Shri Ashok Bansal, learned counsel for the petitioner has argued that even though the petitioner, being degree holder has the requisite qualification of more than three years experience making him eligible for promotion to the post of Assistant Engineer, yet the respondents are not convening the DPC. It is contended that the petitioner is candidate of Schedule Caste and even according to the respondents as many as 30 backlog vacancies of Scheduled Caste are available in the cadre of Assistant Engineering, yet they are not convening the DPC for a long time. A direction therefore be issued to the respondents to convene the regular DPC and confer promotion on the petitioner. 3 On the contrary, Shri B.L. Avasthi, learned Additional Government Counsel contested the writ petition and submitted that the petitioner was substantially appointed in service pursuant to the screening under Rule 6(10) of the Rules with effect from 28.7.1997 and it is only from that date that he became member of the service. Reference was made to criteria of selection as per Rule 23 of the Rules and the Schedule appended thereto to say that Junior Engineer, Degree Holder having 3 years experience and Junior Engineer Diploma Holder having 10 years experience, would be liable for promotion. It was argued that in so far as the backlog vacancies of Scheduled Caste are concerned, they are normally filled in by candidates of Scheduled Caste and in the public interest if it is necessary to fill the backlog of Scheduled Caste by general category candidates, the requisite permission should be obtained from Department of 4 Personnel. It was argued that originally the name of the petitioner was not included in the seniority list, but subsequently his name has been added in the seniority list after he was substantively appointed. Consideration of the arguments aforesaid and perusal of the reply to the writ petition filed by the State, does not make it clear as to why in spite of availability of vacancies and particularly when there are 35 backlog vacancies meant for Scheduled Caste, the respondents are not convening DPC since 2000. Whether or not the petitioner will be promoted would depend upon his merit cum seniority, which would be considered by the DPC, but petitioner certainly has a right to be considered for promotion in accordance with the Rules. Prima facie, it appears that the petitioner is having completed more than 10 years of service as Junior Engineer (Degree Holder) in substantive capacity and he has got the 5 requisite eligibility for being considered for promotion and he being a member of Schedule Caste and with 35 backlog vacancies, this also supports is contention. In the light of the above, the respondents ought to convene DPC to consider the case not only of petitioner, but of all eligible candidates in accordance with law. The writ petition is therefore allowed and respondents are directed to convene the DPC in the cadre of Assistant Engineer (Irrigation) and pass necessary orders of promotion within a period of six months in accordance with law. (MOHAMMAD RAFIQ), J. RS/