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2005 DIGILAW 2504 (RAJ)

State of Rajasthan v. Jogeshwar Nagori

2005-09-19

GOVIND MATHUR

body2005
Judgment Govind Mathur, J.-Admit. 2. At the request of the Counsel for the parties, the petition is heard for final disposal. 3. The petitioner is a Class IV employee by way of filing a writ petition (SBCWP No. 2633 of 1994) claimed for promotion to the post of L.D.C. in accordance with the Rajasthan Subordinate Offices Ministerial Staff Service Rules, 1957. The writ petition preferred by the petitioner was accepted by this Court by the Judgment dated 01.08.1994. The operative portion of which reads as under: - "In this view of the matter, the petition is allowed and is hereby allowed and the respondents are directed to consider the petitioner as a Class IV employee from the date he is drawing pay in the pay-scale No. 2 and to consider him for promotion with retrospective effect from the date on which his immediate juniors have been considered for promotion and on selection the petitioner be granted seniority in the promoted post immediately above his immediate junior. The petitioner shall be entitled to consequential benefits like pay, salary, etc., if the petitioner is found fit for promotion by the departmental committee in accordance with the rules." 4. The respondents in compliance of the directions given by this Court by the Judgment dated 01.08.1994 passed an order dated 212.1994 giving promotion to the petitioner as L.D.C. w.e.f. 01.04.1990. 5. Being aggrieved by the same, the respondent Government servant preferred an appeal before Rajasthan Civil Services (Service Matter) Appellate Tribunal, Jaipur which came to be accepted by the Judgment dated 112.2001. Learned Tribunal while accepting the appeal preferred by the respondent Government servant declared the respondent Government servant entitled for promotion as L.D.C. against the vacancies pertaining to the year 1989-1990. The respondent Government servant was also declared entitled for all consequential benefits from the date any person junior to him was promoted. 6. The instant writ petition is preferred by the State of Rajasthan giving challenge to the Judgment dated 112.2001 passed by the Rajasthan Civil Services Appellate Tribunal. 7. The respondent Government servant was also declared entitled for all consequential benefits from the date any person junior to him was promoted. 6. The instant writ petition is preferred by the State of Rajasthan giving challenge to the Judgment dated 112.2001 passed by the Rajasthan Civil Services Appellate Tribunal. 7. The contention of the learned Counsel for the petitioner is that the eligibility for promotion as L.D.C. from ClassIV is provided under the Rules of 1957, that the incumbent must be possessing qualification of secondary or its equivalent and the respondent Government servant acquired the same in the month of August, 1989, as such promotion to him as L.D.C. could be given only after acquiring the eligibility. According to Counsel for the petitioner, the Tribunal erred while making an order to grant promotion to the respondent Government servant w.e.f. 01.04.1989, the date on which the respondent Government servant was not possessing the requisite eligibility for promotion as provided under the Rules of 1957. It is position admitted that the petitioner acquired the qualification of Secondary School Examination or its equivalent in the month of August, 1989, as such he was not eligible to be considered for promotion prior to that. 8. Learned Tribunal by the Judgment impugned directed the respondents to promote the respondent Government servant against the vacancies as existed on 01.04.1989. The promotion to the petitioner cannot be given against the vacancies of the year 1989-1990 as on 01.04.1989 the petitioner was not possessing the requisite qualification to be considered for promotion. In view of it, the error is apparent in the order impugned and the same, therefore, deserves quashed. 9. Accordingly, the writ petition is allowed. The order impugned dated 112.2001 passed by the Rajasthan Civil Services Appellate Tribunal is quashed to the extent it grants promotion to the petitioner as L.D.C. against the vacancies of the year 1989-1990. The respondent Government servant shall be entitled for all consequential benefits being promoted as L.D.C. against the vacancies of the year 1990-1991.