KISHAN LAL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed for directing the respondents to promote the petitioner on the post of L.D.C. with the averments that he was appointed as a Class IV employee by the Secretary, Krishi Upaj Mandi Samiti, Fatehnagar (Udaipur) (respondent No. 2) on Nov. 5, 1975, since Oct., 1979 he is also working as "Neelam-karta", he has passed the Prathama examination in the year 1978, other Class IV employees i.e. Durga Singh Solanki, Madan Lal, Kishan Lal Kumar and Virendra Kumar who similarly passed Prathama examination have been promoted by the respondent No. 2 and several other Class IV employees passing Prathama examination have been promoted by other Krishi Upaj Mandis.

(2.) The Krishi Upaj Mandi Samiti, Fatehnagar (respondent No. 2) has filed its reply admitting that the petitioner was appointed as Class IV employee in the year 1975, he has passed Prathama examination, he is also working as "Neelam- karta", Class IV employee Virendra Kumar was promoted by the Director, Rajasthan Agricultural Marketing Board, Jaipur and he has subsequently been transferred and Chanchal Kumar is serving on the post of L.D.C. prior to coming into force of Rajasthan Agricultural Produce Markets (Mandi Committee Employees) Service Rules, 1975 (hereinafter to be called 'the Rules'). It has further been averred that under the Rules the petitioner cannot be promoted as admittedly he has not passed secondary or high school examination from the recognised Board as required under the Rules, Durga Singh Solanki, Madan Lal and Kishan Lal had never been its employees,s Marketing Committee is a body corporate, it is independent to each other, the petitioner has concealed these facts and as such the writ petition deserves to be dismissed and no direction can be issued against the provisions of the Rules.

(3.) Rejoinder has been filed by the petitioner along with a copy of the order No. Ni.Kri.vi./P-2/Mal/230-41 dated Jan. 4, 1989 (Annexure 13) by which the Director, Rajasthan Agricultural Marketing Board, Jaipur has directed the Krishi Upaj Mandi Samitis to forward the cases of Class IV employees who have been promoted on the basis of their passing Prathama Examination for their regularisation. Respondents No. 1 and 3 have not filed their reply.