Rajasthan Financial Corporation v. Mool Chand Meena
2007-09-28
R.S.CHAUHAN, SHIV KUMAR SHARMA
body2007
DigiLaw.ai
JUDGMENT 1. - Promotion of one resulted in reversion of another. In these matters order of promotion and reversion both are under challenge. 2. Mool Chand Meena (respondent herein) filed writ petition before learned Single Judge seeking direction to Rajasthan Financial Corporation (for short 'RFC') to promote him to the post of Deputy Manager against the promotion quota of the year 1984-85 and further promote him to the post of Manager against the quota for the year 1990-91. Learned Single Judge vide order dated January 8, 1997 directed Mool Chand Meena to submit representation before RFC. The order reads as under: "....The petitioner is directed to make representation to the concerned authority within one month to the effect that when there were 20 vacancies available for promotion, out of them three vacancies were available for promotion from ST candidates. The petitioner is at number 3 among ST candidates, he should be promoted against the third vacancy available in the year 1990-91 for ST candidates. If petitioner makes representation that there is no justification to promote only 19 persons against 20 vacancies just to deny the promotion to petitioner, the case of petitioner should be considered for promotion against the vacancy of the year 1990-91. The concerned authority shall decide the representation within two months from the date of receipt of representation of petitioner." 3. The RFC vide order dated December 24, 1997 although promoted Mool Chand Meena to the post of Dy. Manager against the quota of the year 1984-85, did not decide to fill 20th vacancy available in the year 1990-91. However Mool Chand Meena got promotion against 19th vacancy, which was already filed vide order dated October 10, 1990 by giving promotion to Kalu Ram Meena. In giving promotion to Mool Chand Meena to the post of Manager, the RFC reverted Kalu Ram Meena from the post of Manager to the post of Dy. Manager.
However Mool Chand Meena got promotion against 19th vacancy, which was already filed vide order dated October 10, 1990 by giving promotion to Kalu Ram Meena. In giving promotion to Mool Chand Meena to the post of Manager, the RFC reverted Kalu Ram Meena from the post of Manager to the post of Dy. Manager. The order dated December 24, 1997 reads thus: "In pursuant to the orders dated 8th January, 1997 of the Hon'ble High Court of Rajasthan in the SBCWP No. 1627/93 of Shri Mool Chand Meena v. RFC, and without prejudice to the rights of the Corporation under the appeal prejudice to the rights of the Corporation under the appeal pending in Division Bench of Hon'ble Rajasthan High Court and on the recommendations of Review DPC Shri Mool Chand Meena has been promoted to the post of Dy. Manager against the year 1984-85. Accordingly in pursuance of the orders of the Hon'ble Rajasthan High Court for granting consequential benefits to Shri Meena order No. RFC/PA-2(3) 2105 dated 10.10.90 promoting 19 persons as Manager against the quota for the year 1990-91 is modified to the extent that at Sr. No. 19 of the order the name of Shri Mool Chand Meena will stand in place of Shri Kalu Ram Meena and accordingly name of Shri Kalu Ram Meena shall stand deleted. As a further consequence of orders of the Hon'ble Rajasthan High Court in the case of Shri Mool Chand Meena in the writ petition as referred to above and on the recommendations of the Review DPC Shri Kalu Ram Meena presently working as Manager is hereby reverted to the post of Dy. Manager with immediate effect. He will, however continue to work at his present place of posting i.e. Branch Office Sirohi." 4. The RFC in Appeal No. 1372/1997 seeks to quash the order dated January 8, 1997 of the learned Single Judge, whereas Kalu Ram Meena (petitioner in writ petition No. 21/1998 has assailed the order dated December, 24, 1997 of the RFC. 5. We have heard rival submissions. 6. A look at the material on record demonstrates that as many as 20 posts of Manager were available for the year 1990-91 out of which three ST candidates ought to have been promoted against reserve quota.
5. We have heard rival submissions. 6. A look at the material on record demonstrates that as many as 20 posts of Manager were available for the year 1990-91 out of which three ST candidates ought to have been promoted against reserve quota. Learned Single Judge in the order dated January 8, 1997 observed that when there were 20 vacancies available for promotion out of which three ST candidates were eligible for promotion and Mool Chand Meena being number three amongst the ST candidates, was entitled to be promoted against third vacancy available for ST candidate in the year 1990-91. This order of learned Single Judge implied that Mool Chand Meena was entitled to promotion on the post of Manager against 20th vacancy but the RFC reduced one post and gave promotion only to 19 persons. It is still inexplicable as to why only 19 persons were promoted to the post of Manager when 20 posts of Manager were available for promotion against quota for the year 1990-91. 7. It appears from the order dated December 24, 1997 that 19 persons got promotion against the quota for the year 1990-91 vide order No. RFC/PA-2(3) 2105 dated October 10, 1990 and name of Kalu Ram Meena appeared at serial No. 19. Undeniably Kalu Ram Meena was working as Manager against the quota for the year 1990-91 on December 24, 1997 and he could not have been reverted from the post of Manager to the post of Dy. Manager. The RFC misconstrued the order of learned Single Judge. Action of RF,C in reverting Kalu Ram Meena from the post of Manager was illegal and against the principles of natural justice. 8. As a consequence of the order dated January 8, 1997 of the learned Single Judge it was incumbent on the RFC to give promotion to Mool Chand Meena against 20th post of Manager which was available for the year 1990-91 instead of reverting Kalu Ram Meena. 9. As a result of above discussion, we dispose of instant matters in the following terms: (i) Appeal bearing No. 1372/1997 preferred by RFC being devoid of merit stands dismissed.
9. As a result of above discussion, we dispose of instant matters in the following terms: (i) Appeal bearing No. 1372/1997 preferred by RFC being devoid of merit stands dismissed. (ii) Writ petition No. 21/1998 stands allowed and the order dated December 24, 1997 in so far it relates to the reversion of Kalu Ram Meena is set aside and RFC is directed to incorporate the name of Kalu Ram Meena at Serial No. 19 in the order No. RFC/PA-2(3) 2105 dated October 10, 1990. We further direct that respondent Mool Chand Meena shall be treated to have been promoted against the 20th Post of Manager which was available for promotion for third ST candidate in the year 1990-91. (iii) There shall be no order as to costs. Matter disposed of in above terms. *******