STATE OF RAJASTHAN Vs. INDER KUMAR SHARMA

JUDGEMENT

(1.) These two appeals arise out of the same impugned order and involve common points. They were, therefore, heard together and are being decided together.

(2.) Respondent Inder Kumar Sharma had filed an appeal before the Rajasthan Civil Services Appellate Tribunal (in short 'The Tribunal') against an order dated 11-4-88 passed by the Dy. Secretary to Government, Home Department, Jaipur by which certain police officers were promoted to junior scale of the Rajasthan Police Service against the vacancies of the year 1984-85. The contention of Inder Kumar Sharma before the tribunal was that his name should have appeared in the main list of promotees and not in the list subject to review and revision. The Tribunal vide its order dated 7-9-90 partly allowed the appeal and found that the promotions given to S/Shri Jagdish Chandra and N. K. Tripathi were illegal. The Tribunal, therefore, quashed the promotions of these two officers and directed the State Government to fill in the vacancies created by cancellation of promotions of S/Shri Jagdish Chandra and N.K. Tripathi.

(3.) Neither Jagdish Chandra nor N. K. Tripathi challenged this order of the Tribunal before this Court. It is only the State Government and Sahib Ram who filed writ petitions challenging the order. The State of Rajasthan in its writ petition only impleaded Inder Kumar Sharma, Jagdish Chandra and N.K. Tripathi, apart from the Tribunal. The scope of the writ petition was, therefore, confined to the decision taken about the cancellation of promotion of Jagdish Chandra and N.K. Tripathi. All other persons were not concerned with the writ petition as their selection was not challenged by anyone. Strangely enough, the Learned single Judge by his order dated 11-10-96 disposed of the writ petition by issuing a general direction for holding fresh D.P.C. in respect of all the officers and directed that if it is found that any officer has been wrongly denied his legitimate claim of promotion, the same be given without disturbing the officers who have retired or died after taking benefit of promotion. The result was that the officers who were not represented before the Court also lost their promotions and the two officers Jagdish Chandra and N.K. Tripathl whose promotions were set aside by the Learned Tribunal, got relief of reconsideration even without challenging the order passed by the Tribunal against them. It also resulted in upsetting the promotions which even the State Government as the Petitioner in the Writ Petition, did not challenge. The Respondent Inder Kumar Sharma who was appellant before the Tribunal also did not challenge the order of the Tribunal passed on his appeal. It was only the State Government which had challenged the order passed by the Tribunal, by filing the writ petition.