AJAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) While the learned Division Bench of this Court was hearing the special appeals arising out of the order dated 09.07.2009 passed by the learned Single Judge in respect to promotion of R.A.S. Officers, it was suggested by the learned Counsels for the parties that since the Division Bench is hearing the appeals against the interim orders, the writ petitions itself be heard and decided by it. As suggested and agreed by the counsels, a learned Division Bench of this Court, on 20.10.2009, directed the registry to list all such writ petitions and special appeals (SAW No. 618/2009) for final disposal. Thereafter, Hon'ble the Chief Justice, vide his order dated 17.12.2009, directed that hearing of the matters be done by this Court. Hence, the present writ petitions are before us.

(2.) Both these writ petitions raises a similar controversy in respect of promotion to selection scale in Rajasthan Administrative Service, on merit basis, against the vacancies of the year 1991-92 and the issues to be adjudicated are one and the same, as such these writ petitions are being decided by this common order.

(3.) The writ petition has been filed against the order dated 8.12.99 (Annex.4) passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur whereby the review petition filed by Shri M.M. Joshi respondent No. 3 was allowed and he was declared eligible for promotion to selection scale, on merit basis, against the vacancies of the year 1991-92. Accordingly, it was ordered that a review DPC be held and proper placement may be given to him in selection scale in accordance to seniority, with all consequential benefits. The said exercise was to be done within a period of two months. Therefore, the petitioner has prayed that the impugned order passed by the learned Tribunal be quashed and set-aside. Further, it is prayed that the respondent No. 3 be placed below the petitioner in accordance with the decision dated 23.2.1996 (Annexure-1) and the list issued on 1.4.1998 (Annexure-5).