JUDGMENT

BHARUCHA, J.:- Leave to appeal granted.

2. These two appeals arise upon a common judgment delivered by a Division Bench of the Rajasthan High Court and they can be decided together. By that judgment the Division Bench set.aside the judgment and order of the learned single Judge upon the writ petitions filed by the appellants in these two appeals and dismissed the same.

3. The appellant Bhagirathdan (in S.L.Ps. (C) Nos 10451-52 of 1988) was appointed an Assistant Engineer in the State Woollen Mill at Bikaner on 18th July 1972. Upon being declared surplus therein he was appointed an Assistant Mechanical Engineer in the Mines and Geology Department of the State of Rajasthan (the first respondent) on 12th December 1975. On 25th September 1973 the appellant Himmat Singh (in S.L.P. ).No. 11711 of 1988) was appointed an Assistant Mechanical Engineer in the Mines and Geology Department.

4. Between 20th May 1977 and 11th August 1982 promotions to the post of Deputy Drilling Engineer were regulated by Entry 6 of the Schedule to the Rajasthan Mines and Geological Service Rules, 1960, as amended on 20th May 1977. The said Entry read thus:

Sl. No. Name of the Post. Method of recruitment with percentage. Minimum qualification & experience for direct recruitment.

1 2 3 4

6. Deputy Drilling Engineer Post or posts from which appointment by promotion is to be made. 100% by promotion Minimum qualification & experience required for promotion. Remarks

5 6 7

1. Asstt. Drilling Engineer Diploma in Mechanical Engineering with 5 years experience of drilling or of maintenance of drilling machines on the post mentioned in col.5 and 7 years experience of drilling in case of Matriculates.

2. Asstt. Mechanical Engineer.

5. On 30th September 1977 two posts of Deputy Drilling Engineer fell vacant. The appellants filed writ petitions in the Rajasthan High Court praying that the State Government be directed to consider their cases for promotion to the post of Deputy Drilling Engineer and, if found suitable, to be so promoted with effect from the date upon which the vacancies occurred. The appellants also challenged the appointment of the third and fourth respondents to these appeals to take charge of the vacant posts of Deputy Drilling Engineer on the ground that these respondents were much junior to them.

6. On 11 th August 1982, the State Government issued a notification amending the said Entry 6 of the Schedule and thereby, in column 5, the words "Assistant Mechanical Engineer" were deleted. On 17th February 1984 the State Government issued an order banning promotions to the post of Deputy Drilling Engineer in the Mines and Geology Department for the period 20th May 1977 to 31st March 1983.

7. On 7th March 1984 the writ petitions were allowed. The learned single Judge held, inter alia, that the appellants were eligible for promotion to the post of Deputy Drilling Engineer as they possessed the necessary qualification and experience. The learned Judge rejected the contention on behalf of the respondents that the amendment to the said Entry 6 of the Schedule was retrospective in operation and held, therefore, that it did not debar the appellants from being considered for promotion against vacancies existing before 6th November 1982. The order of the learned Judge directed the State Government to fill the vacancies in the post of Deputy Drilling Engineer by making a selection from amongst persons who were eligible for consideration at the time when the vacancies occurred.

8. Appeals were filed by tly respondents. Pending the disposal of the appeals, o 17th December 1986, the third and fourth respondents were promoted to the post ol Deputy Drilling Engineer upon a temporary basis (which appointments, we are told at the Bar, were confirmed on 19th December 1987). On the same day, the appellants were promoted to the post of Mechanical Engineer.

9. By the judgment and order appeal the Division Bench considered the qualifications of the appellants for appointment t