Research › Search › Judgment

Rajasthan High Court · body

2005 DIGILAW 2432 (RAJ)

Brijvallabh Bhatia v. State of Rajasthan

2005-09-12

GOVIND MATHUR

body2005
Judgment Govind Mathur, J.-The petitioner entered in the services of Government of Rajasthan w.e.f. 21.02.1958 being appointed as Lower Division Clerk. He was promoted to the post of U.D.C from the post of L.D.C in the year 1969, and thereafter, as Office Assistant on 10.11.1976. A promotion to the post of Office Superintendent was given to him on 21.07.1977 under Rajasthan Subordinate Officers (Ministerial Staff) Service Rules, 1957. Under the Rules of 1957 on Office Superintendent is having avenue for promotion to the post of Administrative Officer. The grievance of the petitioner is that the respondents since 1985 did not choose to make any promotion on regular basis to the post of Administrative Officer and in the meanwhile he stood retired from services w.e.f. 30.04.1993. Hence, this petition for writ is preferred by the petitioner seeking a direction for respondents to determine year wise vacancies in accordance with the Rule 9 of the Rules of 1957 and then further to consider his candidature for the purpose of promotion to the post of Administrative Officer. 2. A reply to the writ petition has been filed on behalf of the respondents stating therein that no person junior to petitioner has been accorded regular promotion and due to certain genuine problems the respondents failed to convene the meeting of the department promotion committee for the purpose of promotion from the post of Office Superintendent to the post of Administrative Officer. 3. This Court by an order dated 12.05.2005 directed the respondents to determine year wise vacancies pertaining to the post of Administrative Officer and to place a statement of vacancies on record. In compliance to that a statement of vacancies is placed on record by the respondents alongwith an additional affidavits sworn in by Sh. Jayram Meena, Assistant Secretary, Department of Personnel (A4/Lit) Government of Rajasthan, Jaipur. From perusal of the statement referred above it is apparent that 6, 7, 7 and 14 vacancies for the years 1989, 1990, 1991 and 1992 respectively are still lying vacant and as such are available with the respondents. The petitioner retired from services on 30.04.1993, therefore, the petitioner is certainly entitled to be considered for the purpose of promotion to the post of Administrative Officer against the vacancies mentioned above. The petitioner retired from services on 30.04.1993, therefore, the petitioner is certainly entitled to be considered for the purpose of promotion to the post of Administrative Officer against the vacancies mentioned above. The respondents are required to hold a meeting of department promotion committee to fill up these vacancies in accordance with the Rules and the candidature of the petitioner is also required to be considered for it. The vacancies related to promotion quota are supposed to be filled in as soon as the same become available as the person having avenue for promotion on these posts possess right to be considered for promotion and an employee should not be deprived of this valuable right due to inaction on the part of authorities concerned. It is really a sad State of affairs that the respondents in present case without any just and proper reason have not convened the meeting of departmental promotion committee to make the recommendations for according promotions to the post of Administrative Officer. 4. In view of whatever discussed above this writ petition succeeds, and, therefore, is allowed with a direction to the respondents to convene a meeting of departmental promotion committee within a period of six months from today and to consider the candidature of the petitioner alongwith other eligible candidates for the purpose of promotion to the post of Administrative Officer against the vacancies of the years 1989-1990, 1990-1991, 1991-1992 and 1992-1993. In the event the petitioner is found suitable for promotion, promotion be accorded to him at earliest and his pensionary rights be revised accordingly.