RAMESH RAJORIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two Writ Petitions have been filed by petitioners, who are working with State Crime Record Bureau, Jaipur, (for short, 'SCRB') on the post of Assistant Sub Inspector of Police (ASI). Petitioner Ramesh Rajoria, in Writ Petition No. 4252/1997, was initially appointed on the post of Constable on 15.01.1975 and was promoted to the post of Head Constable in the year 1977 and confirmed in that post with effect from 01.06.1984 under the order issued by Superintendent of Police, Computer Cell, on 06.10.1988. Petitioner Sayed Suleman Ali, in Writ Petition No. 2232/1997, was also initially appointed as Constable on 15.01.1975. He was however promoted to the post of Head Constable in the year 1983 and was confirmed in that post with effect from 26.11.1983 by order of the Superintendent of Police, Computer Cell, issued on 11.01.1995.

(2.) According to petitioners, number of posts of Assistant Sub Inspector of Police were lying vacant in the SCRB, Jaipur. The petitioners being fully eligible to hold the said post, were promoted on adhoc basis to the post of ASI by order dated 26.10.1988 of the Director, SCRB. Since then, they have been discharging duties on the said post to the entire satisfaction of respondents.

(3.) Number of representations were made by petitioners for extending them the benefit of Rule 26-A of the Rajasthan Service Rules (for short, 'RSR'). The petitioners have, in this connection, referred to Circular dated 20.08.1991 issued by Director General of Police, Rajasthan, Jaipur that if a Head Constable is promoted on the post of ASI on urgent temporary basis, such promotion be regularized and if it is found that promotion was given to eligible person, benefit of Rule 26-A of RSR may also be given to them in fixation of pay. The Deputy Inspector General of Police also issued a Circular on 25.07.1992 for extending benefit of Rule 26-A of the RSR.