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2001 Supreme(Raj) 764

J.C.VERMA
Birdhi Chand – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Ajay Rastogi, for the Appellant
M. Rafiq, for the Respondents

Judgment

J.C. Verma,, J.-The petitioner who is Scheduled Caste is also B.E. in Electrical was selected by the Public Service Commission as Assistant Engineer (Electrical) in July 1991 vide Annexure- 1. He is confirmed Assistant Engineer. As per the seniority of the Assistant Engineers (Electrical) as published on 4.1999, his seniority No. was 17. On the recommendations made by the DPC held on 7.3.2000 in terms of Rule 24 (A) of the Rajasthan Service of Engineers (B & R Branch) Rules, 1954 (here-in-after called the Rules), the petitioner was promoted against the quota of 1999-2000 on the basis of seniority cum merit on 30.3.2000 vide Annexure-3, ever since he was working continuously as Executive Engineer (Electrical) in Public Works Department. He was reverted vide order dated 10.7.2000 to the post of Assistant Engineer (Electrical) on the ground that no post of Executive Engineer (Electrical) was available and being the junior most, he could not be retained. A copy of the reversion order is attached as Annexure-4.

2. The petitioner submits that the order of reversion is illegal and challenges on the ground; (1) that there were 10 vacancies of the Executive Engineer available and a












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