1.DB Civil Special Appeal (Writ) No. 564/2000 in SB Civil Writ Petition No. 1243/1989 2.DB Civil Special Appeal (Writ) No. 526/2000 in SB Civil Writ Petition No. 3283/1989 MK Sharma Vs The Rajasthan Housing Board 17.3.2009 Hon'ble Mr Justice Ashok Parihar Hon'ble Mr Justice GS Sarraf Mr BL Sharma, Sr Advocate with Mr Babulal Sharma – for appellants Mr JK Singhi – for respondent Rajasthan Housing Board Mr RD Sharma – for respondents No.2,3,4,5,6 & 8 BY THE COURT: Since on similar set of facts, both the appeals have been filed against common order passed by the learned Single Judge dated 25.10.1999, both the appeals have been heard together and are being decided by this common judgment. Admittedly, the appellants were appointed on the post of Junior Site Engineer vide order dated 21.9.1976. Subsequently, the appellants, along with some other Junior Site Engineers, were posted as Site Engineers vide order dated 23.4.1979. In supercession of above order dated 23.4.1979, another order dated 26.7.1979 was issued, promoting the appellants on the post of Site Engineers purely on officiating ad hoc basis. Subsequently, the appellants were given regular promotion on the post of Site Engineer as per recommendations of the Departmental Promotion Committee (DPC) vide order dated 1.7.1980 on probation for a period of two years. It was only in the year 1989, the writ petitions were filed by the appellants raising grievance that they should have been ranked senior to the direct recruits of the year 1979 as per their officiating promotion to the post of Site Engineer in April, 1979. Regulation 11 of the Rajasthan Housing Board Employees Conditions of Recruitment & Promotion Regulations, 1976 (for short 'the Regulations) clearly stipulates that amongst persons recruited in the same year, the promotees will rank senior to those who will be appointed by direct recruitment. As per Schedule attached to the above Regulations, the promotion to the post of Site Engineer is to be made from the post of Junior Site Engineer, however, such Junior Site Engineers must have an experience of three years in service. Under the circumstances, even otherwise, as per the Regulations referred above, the appellants could not have been given even the ad hoc promotion also which could be treated as regular promotion in April, 1979 as claimed by the appellants. Be that as it may, as per the regular promotion order dated 1.7.1980, the appellants were promoted to the post of Site Engineer on probation for a period of two years. Even after confirmation on the post the seniority of the appellants could worse be treated from the date of initial promotion on regular basis on the post of Site Engineers. The promotion was made in the year 1980. The appellants are claiming seniority above the direct recruits of the year 1979 in the year 1989 first time in the writ petition filed before this court. No grievance, at any stage, was raised by the appellants earlier after been given regular promotion on 1.7.1980. Having considered entire facts and circumstances, in view of specific provisions under the Regulations, as referred above, since, after due consideration, proper discretion has already been used by the learned Single Judge, we find no ground for any further interference of this court. The appeals are dismissed accordingly as having no merits. (GS Sarraf) J. (Ashok Parihar) J. bnsharma