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CASE NO.: Appeal (civil)  855 of 2007

PETITIONER: Mangi Lal

RESPONDENT: State of Rajasthan

DATE OF JUDGMENT: 20/02/2007

BENCH: S.B. Sinha & Markandey Katju

JUDGMENT: J U D G M E N T [Arising out of S.L.P. (Civil) No.12837 of 2006]

S.B. SINHA, J :

       Leave granted.

       Appellant herein was appointed as a Surveyor on  31.08.1979.  His  educational qualification then was Diploma in Mining.  He did his AMIE in  Mining in the year 1986.  He claimed promotion to the post of Assistant  Mining Engineer directly on the premise that he had acquired a degree in  Engineering.   He at the relevant time was working as Mines Foreman  Grade-II.  In terms of the rules, promotion to the post of Assistant Mining  Engineer was to be granted from the feeder posts of Mines Foreman Grade-I,  Head Draftsman or Senior Surveyor.  His representation to appoint him to  the post of Assistant Mining Engineer, therefore, was not acceded to.  He  filed a writ petition before the High Court which by reason of the impugned  judgment has been dismissed.   

       Mr. Naresh Kaushik, the learned counsel appearing on behalf of the  appellant, would submit that keeping in view the rules then operating in the  field, the incumbents to the  post of Mines Foreman Grade-II should have   also been considered for the purpose of promotion to the post of Assistant  Mining Engineer.

       Mr. Aruneshwar Gupta, the learned counsel appearing on behalf of the  respondent, however, would support the judgment.

       Column 6 of the Rajasthan Mines & Geological Service Rules, 1960  (for short, ’the Rules’) lays down the minimum qualification and experience  required for promotion, which is in the following terms :

       "3 years experience in case of holders of degree in  Mining  Engineering or equivalent and 7 years  experience in case of Diploma Holders in Mining  Engineering from a recognized Institution on any post in  Subordinate Mines and Geological Service not lower  than Mines Foreman Grade-II."

       Indisputably, the terms and conditions of service of  the appellant are  governed by the said Rules.  On or about 20.05.1977, the said Rules were  amended, in terms whereof promotion to the post of Assistant Mining  Engineer was to be made from amongst the persons holding the posts of  either :  (i) Mines Foreman Grade-I; or  (ii)  Head Draftsman; (iii) or any  post in the subordinate Mines and Geological Service carrying scale of pay  identical or higher than Mines Foreman Grade-II.

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       Indisputably, in terms of the Rules, 50% of the posts  of Assistant  Mining Engineer are to be filled up by direct recruitment; 30% by promotion  from amongst the diploma holders and 20% from amongst the degree  holders.  The qualification necessary for being appointed as Assistant  Mining Engineer is as under :

"Degree in Mining Engineering from University  Established by Law in India.                          OR AMIE (Mining Engineering Part A & B of Institution of  Engineers.                          OR Diploma in Mining Engineering from the Indian School  of Mines and Applied Geology,  Dhanbad."

                Appellant was admittedly not holding the post of Mines Foreman  Grade-I at the relevant time.

       Column 6 of the said Rules whereupon  reliance has been placed by  Mr. Kaushik speaks about experience required for filling up of the said post.   Whereas three years’ experience would satisfy the requirement in case the  candidate is a holder of degree in Mining Engineering or equivalent, seven  years’ experience was necessary in case of the diploma holders in Mining  Engineering from a recognized institution on any post, but the same should  not be lower than the Mines Foreman Grade-II.

       ’Eligibility’ and ’Experience’ stand on different footings.  For  filling  up  the post by way of promotion, there must exist a channel.  In absence of  any channel, promotion cannot be effected.   

       The Rule must be read in its entirety.  So read, there cannot be any  doubt whatsoever that for the purpose of promotion to the post of Assistant  Mining Engineer, the candidate must be a holder of a post of Mines Foreman  Grade-I or Head Draftsman or Senior Surveyor.  As the appellant did not  hold any of the said posts, the question of promoting him to the post of  Assistant Mining Engineer, did not arise.   

       With a view to satisfy ourselves we had directed the State to inform us  as to whether during the relevant time persons belonging to the cadre of  Mines Foreman Grade-I were available and had in fact been promoted.   Before us a statement in writing has been made which is to the following  effect :

       "As per the record, the details of the posts of  Asstt. Mining Engineer available vacant from the  degree holder quota from the year 1984-85 to 1987-88  were as under :

Year No. of Posts 1984-85   00 1985-86   01 1986-87   01 1987-88   00                         Two posts for the post of Asstt. Mining Engineer  from the degree holder quota could not be fulfilled as  no eligible candidate from the feeder posts of Mines  Foreman Gr. I, Head Draftsman and Sr. Surveyor were  found to be eligible.  These two vacant posts from the

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degree holder quota for the year 1985-86 and 1986-87  were forwarded for the year 1988-89 where on more  post for degree holder quota became available.  So, for  the year 1989-89, three posts of Asst. Mining Engineer  from the degree holder quota were found to be fulfilled.   From the list of eligible candidates, two candidates of  degree holder were available in the year 1988-89 and  Shri Shyam Lal Sukhwal and Shri Abdul Latif Sheikh  were promoted on the post of Asstt. Mining Engineer in  that year.   These two candidates were working as  Mines Foreman Gr. I and they were senior to Shri  Mangilal.

       It is relevant to mention here that any degree  holder surveyor or the person working on any  equivalent post junior to Shri Mangilal has never been  promoted on the post of Asstt. Mining Engineer against  the  degree holder quota, because as per the rules, the  feeder post for the Asstt. Mining Engineer are Mines  Foreman Gr. I, Head Draftsman and Senior Surveyor."    

       The claim of the appellant, therefore, has no legal basis.   

       There is no merit in this appeal, which is dismissed accordingly.  No  costs.