KHETA RAM PRAJAPAT 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 Teacher Grade-III (Level-II) on 1/10/2007 was granted the benefit of 1st ACP on 2/10/2019. The said ACP was granted after a period of three 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 2016 was granted in the year 2019 as the petitioner was penalized in terms of the memorandum dtd. 1/7/2017 issued by the Finance Department of the State Government.

(3.) After being penalized in the above manner, when the eligibility list was published by the Department for the purposes of promotion, the petitioner's name found place at serial No. 81. But when the final select list for the purpose was prepared, the name of the present petitioner was deleted whereas the name of the person junior to him, to name in particular - Kamal Nain Ujjwal, who stood at serial No. 110 in the earlier list was included. When inquired upon, it was informed that his name has not been included in the eligibility list because of the fact that he had fathered more than 2 children after the cut-off date and therefore, in terms of the circulars issued by the State Government from time to time, he cannot be considered for promotion.