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Mohd. Umar vs State & Ors on 16 February, 2009

Rajasthan High Court – Jodhpur
Mohd. Umar vs State & Ors on 16 February, 2009
                               SBCWP No.1872/97- Mohd. Umar v. State & ors
                                                 Date of Order: 16.02.2009
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   IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

                           J O D H P U R

                                  :::

                            O R D E R

:::

Mohd. Umar                         v.           State of Rajasthan &

                                                others

S.B. CIVIL WRIT PETITION NO.1872 OF 1997

:::

Date of Order: 16th February, 2009

:::

P R E S E N T

HON’BLE MR JUSTICE GOVIND MATHUR

Mr Nitin Trivedi, for the petitioner

Mr K.R. Charan, for the respondents

By this petition for writ, a direction is sought

by the petitioner for his promotion to the post of

Mistry Grade-I from the date person junior to him

stood promoted as such.

In brief, the facts of the case are that the

petitioner was employed with Indira Gandhi Canal

Project (hereinafter referred to as I.G.N.P.) as mason

on work-charge basis with effect from 13th July, 1975.

One Shri Ishwar Lal was also employed as mason in
SBCWP No.1872/97- Mohd. Umar v. State & ors
Date of Order: 16.02.2009
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work-charge cadre with I.G.N.P. On 22nd April, 1980.

The petitioner as well as Shri Ishwar Lal both were

employed in 16th Division of I.G.N.P., Bikaner.

Respondents under an order dated 01st October, 1983

allowed promotion to Ishwar Lal to the post of Mistry

Grade-I as per provisions of the Standing Order for

workmen engaged on work-charge establishment in

Rajasthan Canal Project. Being aggrieved by the same,

petitioner submitted a complaint to the competent

authority of the department and by acting upon the

same, by order dated 10th August, 1992, promotion given

to Shri Ishwar Lal vide order dated 01st October, 1983

was withdrawn.

Shri Ishwar Lal assailed validity of the order

dated 10th August, 1992 by preferring a petition for

writ before this Court and that came to be accepted on

the count that the order impugned was passed in

violation of principles of natural justice,

accordingly, an order dated 07th August, 1996 was

passed by the Executive Engineer, 16th Division,

I.G.N.P., Bikaner, withdrawing the order dated 10th

August, 1992. Accordingly, position of Ishwar Lal as

Mistry Grade-I as that was prior to 10th August, 1992

stood restored.

The petitioner again approached to respondents by

way of submitting representation, with a claim for

promotion as Mistry Grade-I being senior to Ishwar
SBCWP No.1872/97- Mohd. Umar v. State & ors
Date of Order: 16.02.2009
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Lal. On being failed to get any favourable decision

from the respondents, he approached this Court by way

of filing this petition for writ.

It is stated by learned counsel for petitioner

that the petitioner as well as Ishwar Lal both were

working in 16th Division, I.G.N.P., Bikaner and in the

aforesaid Division, petitioner being senior to Ishwar

Lal should have been promoted first as Mistry Grade-I.

Per contra, it is stated by the respondents that

seniority in I.G.N.P. is require to be maintained

unit-wise in accordance with applicable Standing

Orders and the petitioner was working in a unit

different to unit in which Ishwar Lal was working,

therefore, seniority of both persons can not be

equated. It is asserted that promotion was given to

Ishwar Lal in the unit in which he was working.

Heard learned counsel for the parties.

Under the Standing Order for workmen engaged on

work-charge cadre in Rajasthan Canal Project, the term

‘unit’ means – “territorial jurisdiction of authority

competent to make appointment on work-charge

establishment”. In the same Standing Order, Chief

Engineer, I.G.N.P. under an office order dated 25th

June, 1981 framed “The Rajasthan Canal Project Work-

charge Employees Promotion Rules, 1981”. As per those
SBCWP No.1872/97- Mohd. Umar v. State & ors
Date of Order: 16.02.2009
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Rules, Appointing Authority to work-charge cadre are

Chief Engineer/Additional Chief Engineer,

Superintending Engineers and Executive Engineers.

Assistant Engineer, under the Rules of 1981, is having

no authority to make appointment and as such, the

units as defined under the Standing Order could be at

the minimum level of Executive Engineer.

It is not in dispute that the petitioner as well

as Shri Ishwar Lal both were working in 16th Division

of I.G.N.P., Bikaner and that Division is within

territorial jurisdiction and control of the Executive

Engineer. The unit of the petitioner as well as of

Shri Ishwar Lal, therefore, is 16th Division, I.G.N.P.,

Bikaner and no other sub-division. Petitioner,

therefore, rightly claimed seniority vis-a-vis Shri

Ishwar Lal.

From perusal of document Annx.1, that is,

seniority list relating to work-charge Masons working

in I.G.N.P., name of petitioner is shown at serial

No.2 whereas name of Ishwar Lal is at serial No.5.

This fact also establishes that the petitioner and

Shri Ishwar Lal were working in the same unit and

petitioner is senior to Shri Ishwar Lal. Respondents

have already given promotion to Shri Ishwar Lal,

ignoring claim of the petitioner, who is senior to

him. There is no just reason for not considering
SBCWP No.1872/97- Mohd. Umar v. State & ors
Date of Order: 16.02.2009
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candidature of the petitioner for promotion as Mistry

Grade-I from the date the same is accorded to Shri

Ishwar Lal.

Accordingly, this petition for writ deserves

acceptance and the same is allowed. Respondents are

directed to consider candidature of the petitioner for

the purpose of promotion to the post of Mistry Grade-I

from the date same was accorded to Shri Ishwar Lal. If

the petitioner is otherwise found suitable, promotion

as aforesaid be given to him.

No order as to costs.

[GOVIND MATHUR],J.

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