AKSHAY KUMAR JAGDHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is challenging the order dated 20.1.1998 (Ann. 15), by which a direction has been issued by the Dy. Secretary to hand over the additional charge of the post of Director Archeology and Museum Department to one Shailendra Agrawal, Director Tourism as additional charge of the department, with the prayer that the petitioner be allowed to work as Director, Archeology and Museum Department, Rajasthan (herein after referred as 'Department') and to hand him over the charge of the post of Director w.e.f. 1.4.1999 on the basis of his seniority/merit Under Rule 26 with all consequential benefits of computing his pension and gratuity as well.

(2.) THE petitioner was initially appointed oh the post of Custodian in department on 4.5.1968 and engaged as Publication Officer. He was regularly, appointed on the post of Publication Officer Under Rule 28(1) of Rajasthan Archeology Museum Service Rules, 1960 (herein after referred as 'Rules'). He was confirmed on the post in the year 1973. He was appointed to the post of Registering Officer in promotion quota in the year 1979 till regularly selected candidates from DPC were made available. He was regularly promoted on the post of Supdt. through DPC against the quota of 1991 vide order dated 6.6.1996 (Ann. 3). According to the petitioner the post of Registering Officer was first time encadred in Rules in the year 1982 and the posts were to be filled up 50% by promotion and 50% by direct recruitment. The petitioner was aggrieved of the provisional seniority list of Supdt./Excavation Supdt./Registering Officer when certain junior persons were said to have been shown above him in the seniority list, and therefore, had approached the Rajasthan Civil Services Appellate Tribunal. The appeal of petitioner was allowed and the seniority list 10.6.1997 was set aside with direction to hold the DPC for promotion in the prescribed ratio of the Registering Officer for the year 1982, and thereafter finalise interse seniority of Registering Officer and equivalence and then only to hold the meeting of DPC for the post of Superintendent and equivalent. It was further directed that the DPC for the post of Dy. Director could only be held after the above said DPC and finalisation of revised seniority list of Superintendents. The order of the Tribunal has been attached as Annexure -4 with the writ petition. The order Annexure -4 passed by the Tribunal was challenged by way of filing the writ petition, which writ petition was dismissed by Single Bench of this Court.

(3.) AS per rules the post of Director is to be filled up from amongst Dy. Director, Supdt./Excavation Supdt./Registering Officer, having 5 years experience as Dy. Director or 10 years experience as Dy. Director/Supdt. /Registering Officer and in case no Dy. Director is found suitable then the incumbents of Supdt. or equivalent posts are to be considered for promotion, provided they have 10 years experience of such post.