TARACHAND Vs. STATE OF RAJASTHAN & OTHERS

JUDGEMENT

(1.) This writ petition is directed against the Order Annexure-3 dated 5.8.1992 passed by the Rajasthan Civil Service Appellate Tribunal, Rajasthan, Jaipur (for short, 'the Tribunal), whereby the learned Tribunal has held that promotions of Shri Baluram, Ram Rakh and petitioner Tarachand to the Selection Scale of Rajasthan Administrative Service cannot be maintained because they did not have very good or outstanding service record of all the seven years. While allowing the appeals filed by respondents No. 3 to 5, the learned Tribunal has directed the State Govt. to convey Review Departmental Promotion Committee for the year 1987-88 for promotion to the posts in selection scale of the Rajasthan Administrative Service in the light of the observations made by it in its Judgment.

(2.) The facts necessary for the disposal of this writ petition briefly stated are : that the petitioner was appointed in the Junior Scale of Rajasthan Administrative Service vide Order Annexure-1 dated 16.8.1974. He was promoted in the Selection Scale of RAS against the merit quota of the year 1987-88 vide order Annexure-2 dated 21.4.1988. Aggrieved against that order, respondents No. 3 to 5 filed appeals before the learned Tribunal. Of course, the petitioner was impleaded as party to those appeals but as the matter was contested by the State Govt., the petitioner did not feel advised to contest the appeals separately. Those appeals filed by respondents No. 3 to 5 were decided by the learned Tribunal by a common order vide its Order Annexure-3 dated 5.8.1992 as aforesaid.

(3.) The case of the petitioner is that in the year 1987-88, there were in all 27 vacancies in the cadre of Selection Scale of RAS and as per the provisions of Rajasthan Administrative Service Rules, 1954 (hereinafter to be referred as 'the Rules') 50% vacancies were to be filled up by seniority-cum-merit and the remaining 50% vacancies were required to be filled up by merit alone. Thus, 14 vacancies were to be filled up by seniority cum merit and the remaining 13 vacancies were to be filled up by merit quota. He has further submitted that out of these 27 vacancies, 6 were reserved for Scheduled-Castes and 4 were reserved for scheduled-Tribe Candidates. According to the petitioner, as sufficient number of SC/ST candidates were not available against the merit quota and, therefore, candidates belonging to the general category were promoted against the seniority cum merit quota. In the first instance in all, 11 persons were given promotion on seniority-cum-merit basis and 10 persons were given promotions against the merit quota and the recommendations in respect of 6 Officers were kept in a sealed cover. According to the petitioner, for according promotions to the Selection Scale of RAS the DPC met on 16.8.1987 but orders were issued on 21.4.1988.