LAWS(RAJ)-2003-10-14

JAGDISH PRASAD REGAR Vs. STATE OF RAJASTHAN

Decided On October 22, 2003
JAGDISH PRASAD REGAR Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) PETITIONER is seeking to the post of Livestock Assistant with effect from the year 1994. Admittedly, the petitioner has been working on the post of Sayis/ Jaldhari. Promotions, as sought, are made under the provisions of the Rajasthan Animal Husbandry Subordinate Service Rules, 1977. In the Schedule appended to the above Rules, promotion to the post of Livestock Assistant is made from the post of Dresser/ Laboratory Attendant. The above post of Dresser/ Laboratory Attendant is also a promotion post and the promotion to the said post is made from the post of Class-IV servants other than those doing purely office job as Peon/jamadar/daftari. The post of Sayis/jaldhari has not been included in the Schedule of Rules of 1977.

(2.) BE that as it may, the post of Sayis/jaldhari at the most can be treated as equivalent to the post of Class-IV. As such, the petitioner cannot be promoted to the post of Livestock Assistant which shall mean double promotion to the petitioner, as claimed in the present writ petition. Learned counsel for the petitioner has submitted that this court at Principal Seat, Jodhpur in Rajasthan Sahayak Karamchari Sangh vs. State of Rajasthan & Anr. (1), has already issued directions to the State Government for considering the post of Sayis/ Jaldhari for including the same in the Schedule of the Rules of 1977 so as to provide them promotional avenues. Until and unless such consideration is made and the posts are treated as equivalent to Class-IV, the prayers as made in the present writ petition cannot be accepted by this court. The writ petition is dismissed accordingly as having no merits. However, the petitioner shall be free to make a representation as and when necessary amendment is made by the State Government in this regard. .