JUDGMENT 1. - Petitioner had filed an appeal before the Rajasthan Civil Services Appellate Tribunal in the matter of promotion to the post of Senior Medical Officer. His appeal No. 2/91 was accepted by the Rajasthan Civil Services Appellate Tribunal vide its order dated 4.1.93. The Tribunal gave a direction to the respondents to reconsider the case of the petitioner for promotion with effect from the date persons junior to him were given promotion. The Tribunal has also directed that if the petitioner is otherwise found suitable he should be given promotion in the same manner as his juniors have been promoted. 2. After the order of the Tribunal, the petitioner made representations Annexures-2 to 6 to the respondents for implementation of the order passed by the Tribunal. Having failed to persuade the departmental authorities to act upon the petitioner's notice representations, the petitioner served a notice for demand of justice on 5.2.94. Notice for demand of justice sent by the petitioner also proved futile and that is why the petitioner is before this Court seeking a writ of mandamus. 3. Section 8 of the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976 is declaratory in nature. It declares that the order passed by the Civil Services Appellate Tribunal shall be final, although, this finality is subject to a successful challenge to the order of the Tribunal before the High Court by way of writ petition and before the Supreme Court by way of appeal. Insofar as the respondent Government is concerned the finality attached to the order of the Tribunal is in reality final and it is not open to the departmental authorities to ignore, disregard, disobey or flout the order passed by the Tribunal by their action or omission. 4. This Court has time and again adversely commented upon the attitude of the Government and other departmental authorities qua the orders of the Tribunal. In State of Rajasthan v. Govind Narain, 1991 (1) WLC 623 , a Division Bench has made reference to the Circulars issued by the Government for implementation of the orders passed by the Tribunal and observed that it is difficult to comprehend a situation where the same very authority/competent body which has issued the circulars for implementation of the circulars of the Tribunal has considered it just and appropriate to flout the same. 5.
5. The duty which is imposed on the Government and its officers to implement the orders of the Tribunal corresponds to a right which is created by an order of the Tribunal in favour of a successful Government servant who had filed an appeal before the Tribunal. This is also the fact situation in the case of the petitioner. In my considered opinion, there is little justification for the respondents to avoid compliance of the order passed by the Tribunal for a period of more than one year. The period of three months envisaged in the Government Circular dated 3.1.87 cannot possibly be stretched so as to be treated as 12 months or equivalent to that. Omission on the part of the respondents to comply with the orders of the Tribunal has clearly resulted in infringement of a legal right of the petitioner. 6. Hence, the writ petition is disposed of with a direction to the respondents to give effect to the order passed by the Tribunal on 4.1.93 in Appeal No. 2191 within a period of six weeks of the presentation of certified copy of this order along with a copy of the writ petition.Writ Petition Allowed *******