Rajasthan High Court
K.S. Lodha, and N.C. Sharma JJ.
Vivek Prakash Mathur - Appellant
Versus
State of Rajasthan - Respondents
D.B. Civil Writ Petition No. 2228 of 1987
Decided On : May 25, 1988
2. Shri CM. Dhadda was promoted to the post of Superintending Engineer in the Ground Water Department on the basis of merit on January 28,1970 and Shri T N. Mehra was promoted to the post of the Superintending Engineer on the basis of seniority-cum-merit on September 8, 1970. These promotions were made against two vacancies which had occurred in the posts of Superintending Engineers in the year 1970 in the Department, Next vacancy of the post of Superintending Engineer occurred in the year 1972 and against that vacancy Shri M. M. Gupta was promoted as Superintending Engineer on the basis of seniority-cum-merit. No further vacancy in this category of the posts occurred before the year 1981-82. It was in the year 1981-82 that one vacancy of the post of Superintending Engineer took place and Shri Vivek Prakash Mathur petitioner in Writ Petitions Nos. 2228 of 1987 and 3191 of 1987 was promoted as Superintending Engineer on the basis of merit. It may hereby noted that when the vacancy of the post of Superintending Engineer occurred in the year 1981-82, the criteria for promotion to this post was according to Rule 25(6) of the Rules on the basis of merit or on the basis of seniority-cum-merit in the proportion of 50:50. Shri Vivek Prakash Mathur was confirmed on the post of Superintending Engineer with effect from June 4, 1982. Thereafter one vacancy in the post of Superintending Engineer occurred in the year 1982-83. As against the vacancy of this year, Shri M.L. Chaurasia, petitioner in Writ Petitions Nos. 2988 of 1987 and II of 1988, was promoted as Superintending Engineer on the basis of seniority-cum-merit. Shri T.N. Mehra who was then posted as Chief Engineer Ground Water Department expired on October 24, 1984. Consequent upon the death of Shri T.N. Mehra, Chief Engineer, Ground Water Department, Jodhpur, Shri Vivek Prakash Mathur senior-most Officiating Superintending Engineer was promoted to hold the charge of
(3) A V. Venkateswaran vs. Ramchand Sobh Raj Wadhwani (AIR 1961 SC 1506)
(4) Union of India vs. T.R. Verma (AIR 1957 SC 882)
(5) State of Uttar Pradesh vs. Mahammad Nooh (AIR 1958 SC 86)
(7) S.K. Bhate vs. Union of India (AIR 1976 SC 363)
(1) S.P. Sampath Kumar vs. Union of India (1987 1 SCC 124)
(2) P. Sambamurthy vs. State of A.P. (1987 1 SCC 362)
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