JUDGMENT :

SANDEEP MEHTA, J.

1. Heard learned counsel Shri J.K. Kaushik representing the petitioners and Shri Pankaj Sharma, learned AAG representing the respondents.

2. Before proceeding further, it is relevant to mention here that after the writ petition was filed, the petitioner No. 2 Rakesh Kumar Verma passed away and his legal representative Smt. Pratima Verma has been taken on record.

3. Brief facts relevant and essential for disposal of this writ petition are noted herein-below:

The petitioners Kishna Ram and Rakesh Kumar Verma were appointed as Junior Lab Assistants in the respondent Public Health and Engineering Department, Government of Rajasthan on 27.03.1993 and 06.11.1985 respectively. They were further promoted to the post of Senior Lab Assistant w.e.f. 14.06.2013 and 30.05.2003 respectively. As per the Rajasthan Services of Engineering Subordinate (Public Health Branch) Rules, 1967, the minimum educational qualification for the post of Jr. Lab Assistant is Intermediate in Science or equivalent academic qualification from a recognised institution preferably with experience of Laboratory work. 100% posts of Jr. Lab Assistants are meant to be filled in by direct recruitment. The posts of Sr. Lab Assistants are prescribed to be filled in ratio of 50:50 by direct recruitment and promotion respectively. The required educational qualification for direct recruitment is B.Sc., preferably with experience of water and sewerage analysis whereas the promotional posts are to be filled in from Jr. Lab Assistants having qualification of First Year Science or equivalent academic qualification from a recognised institution with 5 years experience as a Jr. Lab Assistant.

Both the petitioners claim to be possessing the educational qualification of First Year Science or equivalent. As per the scheme of Rules, no further avenue of promotion was provided from the post of Sr. Lab Assistants appointed by direct recruitment and as a consequence, such employees were being superannuated from service without a single promotion. In this background, the respondents undertook an exercise in the year 1989 to create a channel of promotion for Sr. Lab Assistants and accordingly, 5 posts of Technical Assistants were created to be filled in the ratio of 50% by direct recruitment and 50% by promotion from the feeder post of Sr. Lab Assistant. However, the rules were never framed and the posts were filled in by ad-hoc arrangements. Subsequently, the post of Technical Lab Assistant was also downgraded to Sr. Lab Assistant.

Ultimately, the respondents made an endeavour to rectify the situation and a proposal was mooted for providing additional promotional opportunity to Sr. Lab Assistants working in the PHED and the cadre was proposed to be restructured. After the requisite exercise, a proposal was mooted to amend the Rajasthan Services of Engineers and Allied Posts (Public Health Branch) Rules, 1968 (hereinafter referred to as ‘the Rules of 1968’) for appointment to the post of Jr. Chemist. Prior to the proposed amendment, 100% posts of Jr. Chemist were to be filled by direct recruitment with the qualification to hold at least a Second Class M.Sc. Degree in Chemistry from a University established by law in India or of a foreign University/Institution declared equivalent thereto by the Government. By the new proposal, it was broached that the posts of Jr. Chemist would be filled in ratio of 50% each by direct recruitment and by promotion from Sr. Lab Assistants having experience of 7 years. The amended rules were notified on 20.04.2015 and as per this amendment, the ratio of filling the post had been fixed at 50:50 by direct recruitment and promotion respectively. The feeder post for promotion is of Sr. Lab Assistant and the following qualification has been prescribed for the same:

“B.Sc. With Chemistry from a University established by law in India of institution equivalent thereto declared by Government and five years experience on the post mentioned in colum