STATE OF RAJASTHAN Vs. L N VYAS

JUDGEMENT

(1.) THE instant State appeal is directed against the judgment of the learned Single Judge dated 15.12.99 whereby allowed the writ petition of the respondent herein and directed the appellant to grant him refixation in accordance with the order dated 22.08.1981 and grant him terminal and retiral benefits in accordance with the order dated 22.08.1981.

(2.) THE relevant facts giving rise to this appeal are that the respondent herein entered in the government service as Lower Division Clerk. He became Accounts Officer in the year 1975 by way of promotion. He was awaiting for promotion on the post of Sr. Accounts Officer and the Chief Accounts Officer but against the vacancies of the year 1980. However, the D.P.C. was convened because of interim order of the Tribunal and he retired on 1.6.80. A.D.P.C. was convened for promotion on the post of Sr. Accounts Officer against the vacancies of year 1980 in the year 1981. In pursuance of the recommendations of the D.P.C., against the vacancies of year 1980 by order dated 22.8.1981 appointed officers of Accounts services named therein the Senior Scale, with effect from 31.12.1980., THE name of respondent appeared at S.No.9. On the basis of the order dated 1.1.80 he claimed notional promotion on the post of Sr. Accounts Officer w.e.f. 1.1.80. It was further prayed that the order dated 22.08.1981 be amended to the extent of substituting the date of promotion from 31.12.80 to 1.1.80. It was contended that as per Rule 9 f the Rajasthan Accounts Service Rules, 1958 (hereinafter referred to as the Rules of 1958) the State was under an obligation to determine the vacancies for each year at the commencement of the year. Thus, the vacancies of year 1980 were to be determined in the month of January, 1980. If the State Government did not determine the vacancies in the month of January for the year 1980 and convene the the D.P.C. the respondent herein cannot be made to suffer. In counter filed by the State it was averred that in accordance with Rule 9 of the Rules of 1958 the vacancies for the year 1980 of Sr. Accountant were determined and the eligible persons were considered for promotion by the D.P.C. THE name of respondent appeared at S.No. 10. However as one Shri S.C. Agarwal was not found fit for promotion, he was placed at S.No.9 in the panel. THEre existed only 8 vacancies till the date of superannuation of the respondent. THE next vacancies were made available on 30.09.1980 and 31.10.1980. by the time the vacancies became available the respondent stood superannuated. It was further averred that ten persons who were directly recruited in the batch of 1977 had filed a petition before the Rajasthan Service Appellate Tribunal. In the said appeal the Tribunal and directed to keep one post vacant in all the ten petitions. This delayed to convene the D.P.C. in the year 1980 itself. THE learned Single Judge rejected the contention of the appellant for the reason that the respondent's name had appeared in the order dated 22.08.1981. THE learned Judge observed that on that date the State knew that the respondent herein had superannuated from service on 31.05.1980 inspite of that the promotion was given w.e.f. 31.12.1980. Thus, according to the learned Judge all the benefits were to be conferred on the respondent.