RAM DINESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petitions have been filed challenging the notification 6/3/2013 issued by the Governor of Rajasthan in exercise of powers conferred by the proviso to Article 309 of the Constitution of India which amended the Rajasthan Rural Development and Panchayati Raj State and Subordinate Service Rules, 1998 (hereinafter referred to as 'Rules of 1998').

(2.) The grievance of the petitioners is that by way of notification 6/3/2013, the minimum qualification for promotion to the post of Assistant Secretary, Development Officer and Assistant Program Officer has been amended from Higher Secondary School Examination to Graduation from a recognised university rendering the petitioners ineligible for promotion to the next higher post.

(3.) Learned counsel for the petitioners submits that at the time when petitioners were appointed on the post of Gram Sevak, they were governed by the unameded Rules of 1998 wherein they had an opportunity of being promoted to the next higher post on the basis of qualification of Higher Secondary School Examination. Thus, the petitioners' eligibility for promotion to the next higher post cannot be taken away by virtue of notification dtd. 6/3/2013 amending the Rules of 1998 causing undue hardship and inconvenience. Learned counsel placed reliance on the judgment rendered by Hon'ble the Supreme Court in the case of Chandan Banerjee v. Krishna Prosad Ghosh reported in 2021 SCC Online SC 773.