JAGDISH PRASAD CHANDELIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was appointed in the Rajasthan Administrative Service (here-in-after called RAS) on 17. 10. 1974 vide Annexure-1 as having been selected by the Rajasthan Public Service Commission. He was promoted to the senior scale on urgent temporary basis on 29. 2. 1979, but later on the recommendations of the selection committee, was put on senior scale vide letter dated 11. 10. 1984 (Annex.-2) against the quote of 1980 and again promoted to the post of selection scale on urgent temporary basis vide order Annexure-3 dated 7. 2. 1987. Because of the reason that certain other persons had been promoted to the selection scale regularly vide order dated 6. 12. 1986, but the petitioner was not considered and, therefore, being aggrieved the petitioner filed an appeal before the Rajasthan Civil Services Appellate Tribunal which appeals as decided on 22. 7. 1987 and a direction was given to the respondent to convene a meeting of the DPC for promotion of the petitioner to selection scale relating to the year 1983-83 and on the basis of that judgment, the petitioner was substantively promoted to the selection scale against the quota of 1983-84 vide Annexure-4, meaning thereby, that he was deemed to have been promoted on the selection scale on 1. 4. 1983 regularly in view of Rule 28-B (11-A) of the Rajasthan Administrative of vacancies for the Scheduled Castes and the Scheduled Tribes. Rule 9 lays down that there shall be determination of vacancies yearwise. Rule 28-B deals with revised criteria, eligibility and procedure for promotion to Junior, Senior and other posts encadred in the service.

(2.) RULE 28-B provides that as soon as the appointing authority determines the number of vacancies u/rule 9 and decides that a certain number of posts are required to be filled in by promotion, it shall, prepare a correct and complete list of senior most persons who are eligible and qualified under the rules and on the basis of seniority-cum-merit or on the basis of merit to class of posts concerned and only those persons who are included in the list are to be considered. Only confirmed persons on the lowest post of service were to be considered. It was further mentioned that first post for promotion in the service is to be made on the basis of seniority cum merit and second promotional post is to be filled up on the basis of merit in the proportion of 50:50. For one vacancy five eligible persons were to be considered; for two vacancies eight eligible persons were to be considered, for three vacancies ten eligible persons were to be considered and for for or more vacancies, three times the number of vacancies are to be put in zone of consideration.

(3.) IN the reply, it is stated that the circular dated 31. 10. 1988 was issued by the government in anticipation of the proposed amendment in the rules. It is further submitted that the powers of the executive cannot be denied to issue circular in anticipation of amendment in the rules and that the provision had been made with a view to rationalise the scheme of promotion to the higher grades with the purpose to confer the eligibility only on such selection scale officers who have completed minimum of three years service and to have the experienced persons with 20 years of experience in total service.