JUDGMENT 1. - A very short question is involved in this writ petition as to whether the post of Senior Surveyor should be encadered in the Rajasthan Mines and Geological Service Rules, 1960 (for short, the 'rules'). This question has arisen because the aforesaid post of Senior Surveyor have been created by the Government in 1977. The petitioners were appointed on that post under order.dated 17th Jan., 1980 (Annexure/2) in the grade of Rs. 550-1010, which has been revised from time to time. The petitioners have no promotional avenues under the Rules, i.e. Rajasthan Mines and Geological Service rules, 1960 and so also in the Rajasthan Mines and Geological Subordinate Service Rules, 1960. Under the Schedule to the Rajasthan Mines and Geological Subordinate Service Rules, 1960 (hereinafter referred to as the Subordinate Service Rules), item No. 3 (i) there is a post of Assistant Mining Engineer and at item No. 3 (ii) there is a post of Asstt. Mining Engineer (Recovery) and they are to be filled 50% by direct recruitment and 25% by promotion from diploma - holders and 25% by promotion from Degree-holders. As per Col. 5, the Channel of promotion is from Mines Foremen Gr.I with three years' experience in case of holder of degree in Mining Engineering or equivalent and 7 years' experience in case of Diploma holders in Mining Engineering from a recognised Institution on any post in Subordinate Mines and Geological Service not lower than Mines Foreman Grade-II. 2. Petitioner No. 1 is a diploma-holder in Mining Engineering. He was appointed as Surveyor in the department of Mines and Geology, Government of Rajasthan on 19th Oct., 1965, where he joined on 28th October, 1965. After having placed on probation under Rule 29 of the Subordinate Service Rules, by order dated 16th July, 1974, with effect from 21st November, 1966 and was confirmed as Surveyor with effect from 21st November, 1968. 3. So far as petitioner No. 2 is concerned, he was also appointed as Surveyor vide order dated 16th Feb., 1966. He was placed on probation with effect from 21st November, 1966 and was treated as confirmed with effect from 21st November, 1968. The petitioners along with Murlidhar Harsh were promoted as Senior Surveyor by an order dated 17th January, 1980. So far as petitioner No. 2 is concerned, he was also appointed as Surveyor vide order dated 16th Feb., 1966. He was placed on probation with effect from 21st November, 1966 and was treated as confirmed with effect from 21st November, 1968. The petitioners along with Murlidhar Harsh were promoted as Senior Surveyor by an order dated 17th January, 1980. The aforesaid post of Senior Surveyor was created by the Government in 1977, but the same does not appear to have been encadered in the Subordinate Service Rules. Despite the post having not been encadered as aforesaid, the petitioners continued to work as Senior Surveyor. They were not promoted as Assistant Mining Engineer because the post of Senior Surveyor was not encadered in the Subordinate Service Rules and, therefore, none of them were considered to be eligible. 4. Despite opportunities having been given, the State has not cared to file reply. Be that as it may, we are of the opinion that looking to the controversy involved in case and also the material placed on record, the case should be disposed of at this stage, if no reply has been filed. 5. The Apex Court in the case of Raghunath Prasad v. Secretary, Home (Police) Department, Government of Bihar', in para 4, observed that : AIR 1988 SC 1033 "Reasonable promotional opportunities should be available in every wing of public service That generates efficiency in service and fosters the appropriate attitude to grow for achieving excellence in service. In the absence of promotional prospects, the service is bound to degenerate and stagnation kills the desire to serve properly. We would, therefore, direct the State of Bihar to provide at least two promotional opportunities to the officers the State Police in the wireless organisation within six months from today by appropriate amendments of Rules." 6. A perusal of order Annexure/2, at page 38-39 of the writ petition, shows that the petitioner along with Murlidhar Harsh and B.I. Bhushanam were promoted by respondent No. 3 till the DPC met or selected candidates for the post of Senior Surveyor. It will appear from the aforesaid order that it has been mentioned therein that the State has neither encadered this post nor laid down any qualification. It will appear from the aforesaid order that it has been mentioned therein that the State has neither encadered this post nor laid down any qualification. At any rate, it can be said that the post of Senior Surveyor was created and the petitioner Shri Pal Jain, Murlidhar Harsh and B.I. Bhushanam were temporarily promoted as Senior Surveyor. It is very surprising that the post of Senior Surveyor was created in 1977 and the petitioner and others were promoted in the year 1980 and we are in the year 1991. The writ petition was filed in the year 1989. No decision appears to have been taken and if taken has not been brought to our notice as to whether any qualification or experience for promotion to the post of Senior Surveyor from Surveyor has been laid down or not, or it has been encadered in the Subordinate Service Rules. Be that, it as may, as we have referred to the decision of the Apex Court, that there can be no dispute that in order to generate efficiency in service and foster the appropriate attitude, at least two promotional opportunities should be provided. A look at the schedule to the Subordinate Service Rules will show that the post of Surveyor appears at Sr. No. 9. The post is to be filled 100% by direct recruitment and the qualification prescribed is Diploma in Mining or Civil Engineering from any recognised Institute of Polytechnic. At Sr. No. 8 of the Schedule, there is post of Mines Surveyor, 100% by promotion from amongst Surveyor, but a Surveyor with 5 years experience as Laboratory Asstt. Senior is eligible for promotion. For Mines Surveyor, he must have Surveyor's certificate of competency granted under the Mines Act. It can, therefore, be said that for Senior Surveyor, in the Schedule, there is not a single chance of promotion unless surveyor's certificate of competency is granted under the Mines Act. There should at least be one or two chances - of promotion. Be that as it may, as stated earlier, the post of Senior Surveyor was created in the year 1977 and the matter is pending with the State Government to lay down qualification and experience for promotion to the post of Senior Surveyor and for encadering this chance of promotion as Senior Surveyor in the Subordinate Service Rules. Be that as it may, as stated earlier, the post of Senior Surveyor was created in the year 1977 and the matter is pending with the State Government to lay down qualification and experience for promotion to the post of Senior Surveyor and for encadering this chance of promotion as Senior Surveyor in the Subordinate Service Rules. It will appear from a perusal of the Schedule to the said Service Rules that the post of Assistant Mining Engineer at Sr. No. 3 is to be filled 50% by direct recruitment and 25% by promotion from Diploma holders and 25% by promotion from Degree holders. It has been given out by the learned counsel for the petitioner that the pay scale of Surveyor is equivalent to Foreman-II. If that be so, had the post of Senior Surveyor been encadered in the Service Rules, they would have been eligible for consideration for promotion to the post of Asstt. Mining Engineer against 25% quota meant for diploma holders. It may be that the pay scales of the post of Surveyor and Foremen-II may not be identical and for this reason the promotion, if would have been given to the petitioners, they might have availed the pay scale of Senior Surveyor who are holding the post substantively. As stated earlier, the post has not been encadered in the service rules. Had this post been encadered, the petitioners would have been entitled for promotion, against 25% posts meant for promotion from amongst the diploma-holders. At any rate, there could have been no dispute with regard to the encadrement of the post of Senior Surveyor in the Service Rules. 7. We are of the opinion that this lapse and omission of encadering the post of Senior Surveyor has been occasioned because of the carelessness of the State Government. 8. We allow this writ petition and direct that the post of Senior Surveyor shall be encadered from the date of creation of the post in the aforesaid rules. The petitioners shall be considered as and when they become due for promotion for the post of Asstt. Mining Engineer under the aforesaid rules. If they are selected, they would be entitled to all consequential benefits. Post should be encadered as early as possible, but in no case later than six months. 9. The parties shall bear their own costs.Writ Petition allowed. *******