STATE OF RAJASTHAN Vs. GOVIND NARAIN AND ORS.

JUDGEMENT

(1.) The State of Rajasthan has filed this writ petition against the order dated 17.12.1987 passed by the Rajasthan Civil Services Appellate Tribunal in Appeal No. 444/85. The Tribunal has quashed the order dated 15.7.1985 passed by the Government promoting respondents No. 2 and 3 as Deputy Secretary, Vidhi Rachna Sangathan, which was challenged in the appeal filed by Shri Govind Narain Agrawal .

(2.) For the purpose of appreciating the controversy raised in this petition, it will be appropriate to set out some facts.

(3.) The respondent No. 1 was appointed as Translator in the Government Secretariat in the year 1964. He served there till June, 1970. Vidhi Rachana Sengathan was constituted by the Government of Rajasthan for carrying out Hindi legal work. On the constitution of this Sangathan, the respondent No.1 was appointed as Varishtha Vidhi Rachnakar. This post was held by him upto 7.12.1976. He appeared in the competitive examination held for the Rajasthan Judtcial Service and was selected to R.J.S. He served there for about 3 years and was reverted back to the Secretariat post on 27.12.1979. He was posted as Vidhi Rachana Adhikari in the Secretariat. He was posted as Deputy Secretary, Vidhi Rachna Sangathan by order dated 4.6.1982. This posting was given to hire in addition to his own post as Vidhi Rachna Adhikari. A seniority list of Vidhi Rachna Adhikaries was circulated on 3.8.1984 and in that list the respondent No. 1 was placed above respondents No. 2 and 3. There was one post of Deputy Secretary, Vidhi Rachna Sangathan till 19.10.1984. A new post was sanctioned by order dated 20.12.1984. Departmental Promotion Committee met some-time in the month of July, 1985 and on its recommendations, which were accepted by the Government, respondents No.2 and 3 were promoted as Deputy Secretary, Vidhi Rachna Sangathan vide order dated 15.7.85 on officiating basis against the quota of 1984-85 under the Rajasthan Vidhi Rachna Service Rules, 1981.