RAKESH KUMAR BHATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed by the petitioner aggrieved of the inaction of the respondent authorities in not including his name in the seniority list prepared for the purposes of promotion to be laid before the proposed DPC.

(2.) The brief facts of the case are that the petitioner who was appointed as Lower Division Clerk (Clerk Grade-II) on 3/8/2001 was granted the benefit of 1st ACP on 23/11/2015. The said ACP was granted after a period of five years from the date it became due because of the reason that the petitioner fathered more than 2 children after the cut-off date, that is, 1/6/2002. The ACP which became due in the year 2010 was granted in the year 2015 and the petitioner was penalized in terms of the memorandum issued by the Finance Department of the State Government.

(3.) Later, the seniority list of LDCs' from year 1/4/1998 to 31/3/2010 was issued by the Department and the petitioner stood at seniority No. 334 in the said list. Subsequently, DPC for promotion from LDC to UDC against the vacancies of year 2014-15 and 2015-16 was conducted and vide order dtd. 10/5/2016, promotions were accorded to various LDCs' including the persons junior to the petitioner but he was not promoted. When inquired upon, it was informed that he had not been promoted because of the fact that he had fathered more than 2 children after the cutoff date and therefore, in terms of the circulars issued by the State Government from time to time, he cannot be considered for promotion.