LAXMAN PRASAD MEENA Vs. RAJASTHAN CIVIL SERVICES

JUDGEMENT

(1.) By this writ petition, a challenge has been made to the order dated 07.12.2009 passed by the Rajasthan Civil Services Appellate Tribunal (hereinafter to be referred as the Tribunal ) whereby the appeal preferred by the private respondents was allowed with the direction to the official respondents to convene review Departmental Promotion Committee (hereinafter to be referred as the DPC ) meetings for promotion to the post of Executive Engineer against the vacancy for the year 2002-03 and 2003-04.

(2.) The appeal was preferred to challenge recommendation of D.P.C. meeting held on 09.02.2004. It was with a further prayer that provisional list dated 24.04.1999 should be first finalized and consideration of the candidature for promotion may be made thereupon.

(3.) Learned counsel for the petitioners submits that 89 posts of Assistant Engineer were up-graded to the posts of Executive Engineer vide the order dated 13.12.2002. On creation of those posts, the private respondent No.3 filed a writ petition bearing S.B.Civil Writ Petition No.176/2003. This was to challenge benefit of reservation to the candidates for promotion to the aforesaid vacancies for the year of 2002-03 and 2003-04. Similar controversy came up before the High Court, Principle Seat at Jodhpur in S.B. Civil Writ Petition No. 376/2003 (Rajeev Choudhary & Ors. Vs. State & Ors.). The writ petition of Rajeev Choudhary was thereafter dismissed vide the judgment dated 19.09.2003 and accordingly, the writ petition filed by one of the private respondents herein was also dismissed. Against the judgment of the learned Single Judge, an appeal was preferred therein even the ground as was raised in the appeal before the Tribunal though the new ground was taken for the first time before the Hon'ble Division Bench in the Special Appeal and not before the learned Single Judge. The facts, however, remain that the issue involved in the present matter is sub judice now before the Hon'ble Division Bench.