MAHAVIR PRASAD SAINI AND 2 OTHERS Vs. STATE

JUDGEMENT

(1.) All these writ petitions filed by the petitioners working with the respondent-State in Forensic Science Laboratory on the post of Laboratory Assistant claiming promotion to the post of Junior Scientific Assistant, Chemistry Division/Billastics Division/Serology Division respectively.

(2.) Shri T.P. Sharma, learned counsel for the petitioners submitted that in the schedule appended to the Rajasthan Police Forensic Science Subordinate Service Rules, 1980, source of recruitment to the post of Junior Scientific Assistant is 50% by promotion and 50% by direct recruitment. While for the purpose of direct recruitment, the eligibility qualification required is that of B.Sc. degree in the concerned speciality but for promotion, two years experience in the case of graduate and postgraduate and five years in the case of undergraduate has been required. It is submitted that petitioners are all secondary school pass and therefore even if they are not graduate, they will have to be considered as undergraduate and would therefore be eligible for promotion.

(3.) Learned counsel for the petitioners submitted that even otherwise the petitioners have been serving the respondent-department for quite sometime and have been facing stagnation. Relevant rules on the subject should therefore be liberally construed so as to grant the benefit of promotion to the petitioners in the context of facts of the case.