JAGDISH PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are directed against the common judgment of the High Court of Judicature of Rajasthan, Jaipur Bench, at Jaipur dated 17th April, 2009 whereby the High Court in substance upheld the order of the Rajasthan Civil Services Appellate Tribunal, Jaipur (in short the Tribunal) dated 8th February,1999 and issued certain further directions to the Respondents to undertake fresh exercise for promotion to the post of District Transport Officer (in short the DTO) from the post of Motor Vehicle Inspectors. At the very outset we may refer to the relevant part of the Division Bench judgment dealing with the subject in question and issuing the directions which reads as under:

(3.) In order to examine the challenge to the impugned judgment in its proper perspective, it will be useful for us to refer to the basic facts giving rise to the present appeal. The Appellant belongs to a Scheduled Caste and was initially appointed as a Motor Vehicle Sub-Inspector vide order dated 23rd August, 1980. He was confirmed in this post on 3rd May, 1983 whereafter, he was promoted upon his satisfactory performance of his duties to the post of Motor Vehicle Sub Inspector through Departmental Promotion Committee (in short the DPC) on the principle of seniority-cum-merit vide order dated 20th January, 1987. He was thereafter regularized in the said post on 15th October, 1988. On 13th April, 1992, a notification was issued by the Respondents amending the Rajasthan Transport Service Rules, 1979 (in short the 1979 Rules) (marked as annexure P-5 to the Petition). By this amendment, Schedule 1 and Schedule 2 of the 1979 Rules to the existing Rules were amended. The Notification read as under: