ASHOK SINGHVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner is a member of the Rajasthan Medical & Health Services created under the Rajasthan Medical & Health Services Rules, 1963 (hereinafter referred to as "the Rules of 1963"). He is holding the post of Medical Officer, having an avenue for promotion to the post of Junior Specialist under the Rules of 1963. The criteria for promotion to the post of Junior Specialist, as per the Rules of 1963, is seniority-cum-merit.

(2.) The grievance of the petitioner is that the respondents in view of the Government of Rajasthan circular dated 26.7.2006 are not considering his candidature for promotion to the post of Junior Specialist. The circular aforesaid prescribes necessary instructions required to be adhered while making promotions to different posts in different services in the State of Rajasthan. As per this circular if the Government servant has suffered withholding of increments with cumulative effect, he shall not be entitled to be considered for promotion as many times as for the years increment has been withheld. The petitioner suffered a penalty of withholding of five annual grade increments, therefore, in view of the Government of Rajasthan circular dated 26.7.2006 his case shall not be considered for promotion five times.

(3.) While challenging the condition aforesaid under the circular dated 26.7.2006, the arguments advanced by counsel for the petitioner are that:-