MATHURA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE instant writ petition has been filed for seeking directions to the respondents to provide promotional opportunities alleging that there is complete stagnation in the cadre of Laboratory Boys.

(2.) THE facts and circumstances giving rise to this case are that petitioners are working as the Laboratory Boys and their services are governed by the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 (for short, "the Rules, 1957") and Rajasthan Educational Subordinate Services Rules, 1971 (for short, "the Rules, 1971" ). Petitioners' grievance is that inspite of working for a long time, they could not to promoted as there is complete stagnation in their cadre hence the Court should issue directions for providing promotional avenues. THE respondents have contended that under Sub-rule (3) of rule 7 of the Rules, 1957, there is a promotional quota to the extent of 15% in the cadre of Lower Division Clerks and as the petitioners want their promotion to the rank of Laboratory Assistant, it is to be filled up under separate Rules and there is a specific qualification required for that post, i. e. Secondary (Science) with certain optional subjects and the petitioners do not possess the said qualification. Moreso, to remove the stagnation, the Government has introduced the policy, vide order dated 21. 5. 92, providing for selection grades after completion of 9, 18 and 27 years service and if any person had been given promotion wrongly, as quoted by the petitioners, that does not confer any benefit on the petitioners being illegal. Hence, the petition is liable to be rejected.

(3.) IN Dr. Ms. O. Z. Hussain vs. Union of INdia & Ors. (7), the Hon'ble Supreme Court again stressed upon the need of providing promotional avenues to increase efficiency in public service as the stagnation reduces efficiency and makes the service ineffective.