STATE OF RAJASTHAN Vs. SANJAYA

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment of the learned Single Judge dated 05.01.2006 whereby the writ petition has been allowed by the learned Single Judge with the direction that the petitioner-respondent herein be promoted as Jamadar from the date respondent No.3 was promoted and that she would be entitled for all consequential benefits.

(2.) THE submissions of the learned counsel for the appellants that the petitioner-respondent herein did not fulfill the eligibility qualifications for the post of Jamadar which are enumerated in the Work Charged Rules, 1964 and, therefore, the DPC has rightly ignored the case of the petitioner-respondent herein for being promoted on the post of Jamadar. Learned counsel further submitted that learned Single Judge committed an error in placing reliance on the Rajasthan Class IV Services (Recruitment and Other Service Condition) Rules 1963 for holding that the post of Jamadar under the Rules of 1963 was 100% by promotion and there is no additional qualification required under the said Rules of 1963 which was taken into account by the DPC for refusing the promotion to the petitioner while holding her to be ineligible.

(3.) LEARNED Single Judge has taken into account the fact that the respondent No.3 admittedly was working on the post of "coolie" and so also the petitioner. The respondent No.3 being junior in the seniority was granted the promotion but the same was denied to the petitioner. In that view of the matter we find no reason.