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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
JUSTICE DINESH MEHTA, J
Ram Niwas S/o Sh. Ram Kumar – Appellant
Versus
State Of Rajasthan, Through Secretary To The Govt. Department – Respondent
JUDGMENT :
DINESH MEHTA, J.
1. These writ petitions captioned above impugn different orders dated 27.08.2024 and 28.08.2024 passed qua each of the petitioners, whereby the earlier order dated 07.02.2024 appointing petitioners by way of transfer to the cadre of Civil Engineer (Degree Holders) has been recalled/revoked so also order dated 28.08.2024, whereby petitioners have been placed in the seniority list of Junior Engineer (Civil - Diploma Holders).
2. The facts of the cases are handful. The Rajasthan Staff Selection Board – respondent No.5 had issued an advertisement dated 03.03.2020 notifying 59 posts for Junior Engineer (Civil - Degree Holders) and 15 posts for Junior Engineer (Civil - Diploma Holders).
3. The petitioners had vied for both the categories of posts for Junior Engineer (Civil) (namely, Degree Holders and Diploma Holders) as they were having diploma so also degree in Civil Engineering at the time of furnishing their application form. As luck would have it, due to paper leak, the recruitment to the post of Junior Engineer (Civil - Degree Holders) got deferred while the petitioners could however get their position secured in the merit list of Junior Engineer (Civil - Di
The court ruled that appointment as Junior Engineer (Degree Holders) requires obtaining the degree after appointment as Diploma Holders, and revocation was justified.
An employee cannot be demoted without being given an opportunity to be heard, violating principles of natural justice.
Point of Law : Public orders made by public authorities are meant to have public effect and are intended to effect actings and conduct of those to whom they are addressed and must be construed object....
The main legal point established in the judgment is that the retrospective effect of a government order amending the Rules cannot nullify a previous judgment. Additionally, the Rules cannot be change....
The main legal point established in the judgment is that the requisition for promotion to the post of Assistant Engineer (Civil) was sent in compliance with the statutory rules, and the Rules, 1968 p....
Promotion – In absence of any statutory provision or rule made thereunder or under proviso appended to Article 309 of Constitution of India, once an incumbent is appointed to post according to rules,....
Amended promotion rules' 45% quota for Junior Engineers with 7 years service contains no Diploma/Degree requirement; unqualified seniors eligible; DPC rejection on qualification grounds invalid.
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