VIJAY KUMAR DAMOR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners are the members of Rajasthan Sanskrit Education Subordinate Service created under the Rajasthan Sanskrit Education Subordinate Service Rules, 1978 (hereinafter referred to as 'the Rules of 1978') being substantive holders of the post of Teacher Gr.I/Senior Teacher. They are having an avenue for promotion to the post of Lecturer in Sanskrit Education as per the provisions of Rules of 1978. According to the petitioners no promotion to the post of Lecturer are made by the respondents since 2003-04, though, appointments by way of direct recruitments were made in the year 2005. The respondents instead of making regular promotions posted the petitioners as Lecturers in the pay-scale they were already having being Teacher Gr.I/Senior Teacher. As a consequent to such postings though the petitioners are discharging the duties of Lecturer, but they are yet getting pay in the pay-scale prescribed for their substantive post. By this petition for writ, the claim made by the petitioners is to have a directions for the respondents to make regular promotion to the post of Lecturer as per the Rules of 1978 and also to make fixation of their pay in the pay-scale pertaining to the post of Lecturer from the date of their posting on the post aforesaid.

(2.) AS per Shri M.R. Singhvi, learned Senior Advocate assisted by Shri Mohit Singhvi appearing for the petitioners, the Rules of 1978 provides that 50% of the total posts of Lecturers should be filled in by way of promotion and for the purpose the appointing authority is supposed to determine every year the vacancies existing and anticipated during following 12 months as per Rule 10(1). After determination of such vacancies promotions are required to be made as per the procedure given in Rule 24 of the Rules of 1978, by adopting the criteria of seniority-cum-merit. The respondents from last several years are not acting upon the Rules for making promotions despite availability of huge number of vacancies.