MOHAMMED JAFAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 15. 5. 1991 against the respondents with the prayer that by an appropriate writ, order or direction, the respondents No. 1 to 4 be directed to consider the petitioner as LDC against the Class IV quota for the year 1984-85 by making rectification in the order dated 16. 7. 1988 (Ex. 2) and similarly, he be considered for promotion to the post of UDC from the same date when the respondents No. 5 to 8 were promoted vide order dated 22. 8. 1990 (Ex. 18), with all consequential benefits.

(2.) THE case of the petitioner as put forward by him in this writ petition is as follows :- Initially, the petitioner was appointed as Class IV servant on 23. 4. 1962 and during his service, the petitioner passed Prathma examination held by the Hindi Sahitya Sammelan Allahabad in the year 1983 and, thereafter, he moved an application for making entry in his service record and the Chief Medical and Health Officer, Nagaur (respondent No. 4) issued a Certificate certifying that an entry has been made in the petitioner's service record to the effect that he has obtained a degree of Prathma from the Hindi Sahitya Sammelan Allahabad in the year 1983. According to the petitioner, there was some quota fixed for the year 1984-85 for promotion to be given from the Class IVth servants to the post of LDC and, therefore, the petitioner made representations that since he has qualified Prathma examination in the year 1983, he should be considered for promotion to the post of LDC, but he was not promoted and a number of persons junior to him, namely, Lachha Ram. Devilal and Hariram had been promoted against the IVth Class quota for the year 1984-85. When the representations of the petitioner for promotion to the post of LDC against the IV Class quota for the year 1984-85 were turned down and the persons junior to him were promoted to the post of LDC, the petitioner filed a writ petition before this Court being D. B. Civil Writ Petition No. 1120/1986 and that writ petition was allowed by the Division Bench of this Court vide judgment and order dated 26. 4. 1988 (Ex. 1) in the following manner :- In the result, we allow the writ petition and direct the respondents to consider the case of the petitioner for the promotion to the post of LDC against the class IV quota for 1984- 85 and if he is found suitable he may be "appointed as such in accordance with law. This should be done within a period of three months from today. " In pursuance of the judgment and order of this Court dated 26. 4. 1988 (Ex. 1), the petitioner was given promotion as LDC vide order dated 16. 7. 1988 (Ex. 2), but he was not given promotion against the IVth class quota for the year 1984-85 and for that, he made several representations before the concerned authorities, but they did not take any action. THE further case of the petitioner is that prior to his appointment as LDC on 16. 7. 1988, the respondents No. 5 to 8, who were junior to the petitioner, were shown at serial No. 16 to 19 in the seniority list published on 28. 1. 1987, a copy of which is marked as Ex. 17. THE further case of the petitioner is that inspite of being junior to the petitioner, the respondents No. 5 to 8 were given promotions to the post of UDC vide order dated 22. 8. 1990 (Ex. 18) and the name of the petitioner was not considered by the respondents No. 1 to 4. Thus, promotion given to the respondents No. 5 to 8 vide order Ex. 18 dated 22. 8. 1990 is arbitrary and illegal and therefore, the same cannot be sustained and should be set aside. Hence, this writ petition with the prayers as stated above. A reply to the writ petition was filed by the respondents and their case is that as a matter of fact, the petitioner applied for inclusion of his qualification in the service record for the first time on 15. 10. 1985 and accordingly, the same was entered in his service book and a certificate was issued to this effect on 16. 12. 1985. Apart from this, the petitioner did not fulfil the requisite qualification on 1. 4. 1985 and, therefore, his case could not be considered against the quota for the year 1984-85. THE sum and substance of the reply of the respondents is that passing of the Prathma Examination by the petitioner was first entered in his service record on 16. 12. 1985 and therefore, before that, he was not entitled to be promoted as LDC against the quota for the year 1984-85 and, thus, he was rightly not considered for promotion to the post of LDC against the IVth class quota for the year 1984-85. Hence, the writ petition filed by the petitioner be dismissed.

(3.) WHEN this being the position, the stand which has been taken by the respondents in this writ petition, cannot be given any weight and thus, from every point of view, the petitioner is entitled to be given promotion as LDC against the IVth class quota for the year 1984-85, with all Consequential benefits and consequently, the petitioner shall also be entitled to promotion to the post of UDC from the same date when the respondents No. 5 to 8 were given promotion vide order dated 22. 8. 1990 (Ex. 18) with all consequential benefits and this writ petition deserves to be allowed.