VIJAY LAXMI AGNIHORTI Vs. STATE

JUDGEMENT

(1.) Through instant petition, petitioner has prayed for that being a Senior Most Asstt. Commissioner (Devasthan) may be considered for promotion to the post of Dy. Commissioner (Devasthan) which is highest post included in Rajasthan Devasthan State & Subordinate Service Rules, 2000 (Rules, 2000).

(2.) Petitioner was initially appointed as Inspector Gr.II on 15/09/1980 and further appointed as Inspector Gr.I on 09/12/1989, and was promoted as Inspector Gr.I against vacancy year of 1990-91 on the recommendations of the Review DPC vide order dt.10/08/2004 (Ann.R/4) and further promoted as Asstt. Commissioner (Devasthan) against vacancy of the year 1995-96 vide order dt.25/08/2006 (Ann.R/7); and as per seniority list of Assistant Commissioners (Devasthan), she is the senior most officer in the department. Indisputably, there is only one sanctioned post of Dy. Commissioner (Devasthan) in the Department which is appended under Rules, 2000.

(3.) Counsel submits that post of Dy. Commissioner despite being the cadre post included in Schedule to the Rules, 2000 from the very inception of its creation, is being filled from among members of Rajasthan Administrative Service while members of Rules, 2000 are deprived from consideration despite the fact that it is to be filled 100% by promotion, from eligible officer having five years' experience as Assistant Commissioner (Devasthan). The petitioner being promoted against vacancy of year (1995-96) became eligible for promotion to the post of Deputy Commissioner (Devasthan), against vacancy determined as on 01/04/2000, which has resulted in seriously jeopardizing her right of fair consideration and denial thereof is arbitrary and in violation of Art.14 & 16 of the constitution.