PUSHPA KOCHAR Vs. RAJ HIGH COURT

JUDGEMENT

(1.) THROUGH this writ petition, the petitioners, who are six in number challenge the validity of the consolidated seniority list (Annex. /4) dated 28. 4. 1999 of the Officers of Rajasthan Judicial Service for short `rjs') manning different posts in the hierarchy of RJS as on 31. 5. 1998.

(2.) THE present writ petition has come up for hearing before us on a reference having been made by a Division Bench of this Court vide its order dated 9. 1. 2001.

(3.) THE petitioners as well as respondents No. 2 to 9 were initially appointed to the post of Munsif (Civil Judge (Junior Division) in Rajasthan judicial Service as per the particulars given above. As on the date of the impugned final seniority showing senio- rity of Members of Rajasthan Judicial Service as on 31. 5. 1998, all the petitioners were promoted to posts of Civil Judge on the respective date shown against their name. THE respondents No. 2,5,6,7 and 8 were not promoted as Civil Judge Senior Division) at all and only respondents No. 3, 4 & 9 had been promoted to the post of Civil Judge (Senior Division), on the date subsequent to petitioners No. 1 to 4. In the final seniority list, the date of promotion of respondent No. 9 as Civil Judge cum ACJM was shown As 30. 5. 1998, upon consideration of the representation, it was corrected to 7. 7. 1997, vide order dated 2. 6. 1999. THE order dated 2. 6. 1999 interestingly, says about refining seniority of Arun Kumar Khandelwal amongst Civil Judges cum ACJMs as per his altered date of promotion, contrary to stand taken of only one seniority of RJS on the basis of date of recruitment to post of Munsif. Thus, according to above details, the respondents No. 2, 3 and 4 are placed above all the petitioners. Respondents No. 5 to 8 are all placed above petitioner No. 4 to 6 and junior to petitioner No. 1 to 3. Respondent No. 9 is placed above petitioner No. 6 but below all other petitioners No. 1 to 5.