KEWAL KUMAR GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners seek to quash the order dated September 9, 1997 of the Rajasthan Civil Services Appellate Tribunal Jaipur. Grievance of the petitioners is that the Tribunal committed illegality in straightway directing the State Government to promote respondent No. 2 against the quota of 1991-92 in Selection Scale of RAS. As a result of the decision of Tribunal respondent No. 2 has become senior to the petitioners and their rights of further promotion have been seriously jeopardised.

(2.) AS per averments of the writ petition the respondent No. 2 was junior to the petitioners in terms of the order dated Feb. 23, 1996 (Annexure-1 ). This order was challenged by the respondent No. 2 by the filing an appeal before the Tribunal. The appeal stood allowed by the Tribunal vide order dated Sept. 9, 1997 which has been called in question in the instant writ petition. A look at the impugned order demonstrates that the learned Tribunal at its own arrived at a conclusion in up-grading the Annual Performance Appraisal Reports (for short the APAR) of the respondent No. 2 of the year 1987-88 from `good' to `very Good'. Admittedly the petitioners were not impleaded as party before the Tribunal.

(3.) TO be considered against merit quota for the year 1991-92 a person must have `outstanding' or `very good' APARs for last preceding 7 years. The petitioners in the instant writ petition have not stated that they are having `outstanding' or `very good' APARs for last preceding 7 years. Under these circumstances I am of the view that the petitioners have no legal right or claim for year 1991-92 and they were not necessary parties in the appeal preferred by the respondent No. 2.