K.S. CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The service conditions of the petitioner are governed by the Rajasthan State Cooperative Union Jaipur Employees' Service Rules, 1982 (here-in-after referred to as the Rules). Rule 6 prescribes the method of recruitment i.e. by direct recruitment, by promotion, by deputation for recruitment by promotion which says that for purposes of recruitment to the category of employees for promotion, a selection strictly on seniority cum merit or merit alone shall be made from among all persons eligible for such promotion under the provisions of these rules on the first day of calender year in which promotions are to be considered by the promotion committee. In the Schedule attached to the said rules only the post of Assistant Cooperative Education Officer (here-in-after called ACEO) is to be filled up by promotion by way of merit from the 'Project Officers and PRO'S who had got three years experience on lower posts with HDC at Sr. No. 2 of the Schedule. The post of the Publicity Officer/PRO is to be filled up by selection/by promotion from Lecturers/Co-operative Educational Instructors.

(2.) The petitioner is aggrieved against the promotion of respondent No. 6 B.S. Soyal as ACEO made vide order dated 15.10.1994 and also the amendment made on 15.10.1994 whereby the schedule as attached to the rules were amended as to include the post of 'Principal' along with PRO and Project Officer for the promotion to the post of ACEO.

(3.) It is the contention of the petitioner that right upto 15.10.1994, the persons holding the post of 'Principal' were not eligible for consideration to the post of ACEO and by such an amendment made on 15.10.1994 the 'Principals' have also been made eligible and DPC held on the same day had selected respondent No. 6 Mr. Soyal and as such says that the appointment of Mr. Soyal be quashed with the further submission that the petitioner be offered the appointment of ACEO who was working as Publicity Officer at that time and who have been unnecessarily reverted back to the post of Lecturer.