RAM KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners,,Ram Kishore and Heera Lai, who have attained the age of 54 and 48 years respectively and who are presently holding the posts of Assistant Town Planner, have jointly filed this writ petition with a prayer for issue of direction to the respondents to make yearwise determination of vacancies in the cadre of Deputy Town Planner and also that the respondents be restarined from compelling the petitioners to appear in the departmental examination which are being held under the Rajasthan Civil Services (Departmental Examination) Rules, 1959.

(2.) On the recommendations of the Departmental Promotion Committee which met in the year 1991, petitioner Ram Kishore has been assigned the promotion quota of 1979 and petitioner Heera Lai has been assigned promotion quota of the year 1981-82 in the cadre of Assistant Town Planner. Both the petitioners have claimed that they fulfill the conditions of eligibility for promotion to the post of Deputy Town Planner because with their retrospective promotion, they have a right to count their experience with reference to the year in which they have been treated as promoted. The petitioners have pleaded that although Rule 9 of the Rajasthan Town Planning Service Rules, 1966 imposes a mandatory obligation on the appointing authority to make yearwise determination of vacancies, such determination has not been made for number of years and this has resulted in non consideration of the candidature of petitioners for promotion as Deputy Town Planner.

(3.) The petitioners have also stated that vide Circular dated 12.3.92 the Director-cum-Registrar, Departmental Examinations, has declared the time-table of departmental examination for Assistant Town Planners of the Urban Planning Department and the petitioners are being compelled to appear in the departmental examination. The petitioners have stated that they made representations to various authorities of the Government for exempting them from appearing in the departmental examination in view of decision of this Court in Basti Ram Mangal Vs. State,1991 WLR 459. However, the departmental authorities are still insisting that the petitioners should appear in the departmental examination.