JAI KUMAR CHATURVEDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition the petitioners has challenged the action of the respondents Nos. 1 to 3 in refusing to confirm the petitioner on the post of Warehousing Manager Grade II in preference to the respondents Nos. 4 to 12 and also their action in not promoting the petitioner on the post of Warehousing Manager Grade I.

(2.) THE addmitted facts are that the petitioner was employed as a Technical Assistant in the Rajasthan State Warehousing Corporation (here in after re erred to as 'the Corporation') by an order dated October 16, 1961. He joined the aforesaid post on October 20,1961 and was confirmed on the said post by the order dated December 22, 1962 with effect from December 16, 1962. Later on, the date of confirmation of the petitioner on the post of Technical Assistant Grade I was modified as October 20, 1962. The petitioner was promoted to the post of Technical Assistant Grade I by an order dated May 17, 1966 and was confirmed on that post with effect from May 17, 1967 by the order dated July 25, 1968. However, the petitioner had started officiating on the higher post of Warehousing Man even prior to that by the order dated November 7, 1963 with effect from June 6, 1963. The designation of the post of Warehousing Man was later on changed by Circular Order dated September 29, 1967 to that of Warehousing Manager Grade IT. Thus, the petitioner continued to hold the post of Warehousing Manager Grade II until July 25, 1970 when he was reverted to the post of Technical Assistant Grade I on the ground that a disciplinary enquiry was made against him. The Managing Director of the Corporation imposed a penalty of stoppage of two grade increments with cumulative effect upon the petitioner by the order dated December 11, 1970 and as a result thereof the petitioner was reverted to his substantive post of Technical Assistant Grade I by the order dated July 25. 1970. The petitioner moved a review petition which was considered by the Executive Committee of the Corporation and the reversion of the petitioner was withdrawn by the order dated December 2, 1972 and he was restored to the earlier post as officiating Werehousing Manager Grade II, but it was ordered that the petitioner shall not be considered for higher promotion for a period of 2 years, i.e. upto July 16, 1972. The Departmental Promotion Committee (DPC) met in the year 1973 and the respondent Nos. 4 to 12 were confirmed on the post of Werehousing Manager Grace II with effect from various dates from June 28, 1969 to November 24, 1971. But the petitioner was not promoted. However, in the senicrity list of Warehousing Manager Grade II as on December 1, 1973 published by the Corporation and December 11, 1973, the petitioner was shown as senior to the respondents Nos. 4 to 12 and it was also mentioned therein that he was confirmed on the post of Warehousing Manager Grade If with effect from May 17, 1967. On June 24, 1974 the Head Office of the Corporation issued a letter to the petitioner informing him that his case for confirmation on the post of Warehousing Manager Grade II was consideed by the DPC along with the case of other employees of the Corporation, but as the service record of the petitioner was not found to be satisfactory, he was not considered fit for confirmation.

(3.) THE reply filed by the Corporation stated that the petitioner was erroneously shown as confirmed with effect from May 17, 1967 in the provisional seniority list Ex. 9. According to the respondents Nos. 1 to 3 on order of confirmation of the petitioner on the post of Warehousing Manager Grade II was over passed and that he continued to hold the post of Warehousing Manager Grade II in an officiating capacity. It was also stated by the respondents Nos. 1 to 3 that the Departmental Promotion Committee which met in December, 1963 considered the case of the petitioner along with that of other employees, but in view of the record of the petitioner the Departmental Promotion Committee did not think it proper to confirm the petitioner on the post of Warehousing Manager Grade II.