GOPI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondent on 1. 5. 1991 with a prayer that by an appropriate writ order or direction the respondent may be directed to reconsider the case of the petitioner for promotion to the post of District Agriculture Officer Group C ignoring the orders dated 14. 3. 89 (Annex. 5) and 18. 12. 89 (Annex. 6) and they may be directed to promote the petitioner on the post of District Agriculture Officer Group C from 28/29. 12. 90 with all consequential benefits.

(2.) IT arises in the following circumstances: (i) The petitioner was appointed in the Agriculture Department of the Government of Rajasthan on 3. 2. 69 as Grading Assistant. (ii) The petitioner was sent on deputation to the Department of Agricultural Marketing in the year 1976 and there the petitioner was posted as Secretary to Krishi Upaj Mandi Samiti. (iii) A seniority list (Annex. 1) at page 24 of Agricultural Subordinate Service Personnel was issued on 5. 1. 88 which contained the names of 685 persons. Another list (Annex. 2) at page 36 was issued containing the names of 1070 persons. In the seniority list (Annex. 2), the name of the petitioner was shown at serial No. 451. (iv) The promotion to the post of District Agriculture Officer Group C are governed by the provisions contained in the Rajasthan Agricultural Service Rules, 1960 (hereinafter referred to as the Rules of 1960 ). Rule 9 of the Rules of 1960 provides for reservation of seats for Scheduled Castes & Scheduled Tribes and it provides that the reservation shall be in accordance with the orders of the Government. (v) Vide order dated 10. 5. 89 (Annex. 3) at page 61 promotions were made to the post of District Agriculture Officer Group C. By this order 72 persons were promoted to the post of District Agriculture Officer Group C, but not a single person against the Scheduled Caste/scheduled Tribes quota was promoted. (vi) Vide order dated 28/29. 12. 1990 (Annex. 4) 91 promotions were made to the post of District Agriculture Officer, Group C. (vii) A perusal of order dated 28/29. 12. 90 will reveal that two persons were promoted against the Scheduled Tribes quota and one person was promoted against the Scheduled Caste quota. When the petitioner was not promoted, he made enquiries and he came to know that he was not promoted on account of the fact that two minor penalties under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 were imposed on him vide orders dated 14. 3. 89 (Annex. 5) and 18. 12. 89 (Annex. 6 ). (viii) Against the order dated 18. 12. 89, the petitioner had submitted an appeal before the State Government and that appeal is still pending before the State Government.

(3.) I have heard both and perused the record.