HANSRAJ JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition is a second inning of litigation at the behest of the petitioner craving under mentioned relief:

(2.) THE facts apposite for the purpose of this writ petition are that petitioner is having to his credit qualification of graduation with certificate of LSGD. At the threshold of his service career, the petitioner was recruited as Assessor vide order dated 30th of August 1965. The post of Assessor is in the subordinate cadre and governed by the set of Rules known as Rajasthan Municipalities (Subordinate & Ministerial Staff Service) Rules 1963. The Assessor is further entitled for promotion in the State services to the post of Revenue Officer Gr.II and Executive Officer in Class III Municipalities in terms of the Rajasthan Municipal Service Rules 1963 (for short, hereinafter referred to as 'Rules of 1963') as it stood before amendment under the Rules of 1963 vide Notification dated 23rd December 1976.

(3.) IN the instant petition, the petitioner has urged that despite directions of this Court the requisite exercise has not been undertaken by the respondents in accordance with Rules. When non -compliance of the order was complained by the petitioner by way of launching contempt petition, the said effort proved abortive and on technical ground that contempt petition is barred by time, the same was rejected. The writ petition is contested by the respondents and in their reply the respondents have defended their action by submitting that the candidature of the petitioner was considered for promotion but he was not found suitable. Although in the return, the respondents have denied the averments contained in the writ petition but in substance the reply is absolutely vague, cryptic and unspecific so as to meet the challenge thrown by the petitioner.