CHANDRA SHEKHAR CHACHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner working as Lecturer in the Government Polytechnic College, Kota, was promoted on ad -hoc basis as Head of the Department (HOD) vide the order dated 12.03.1997 (Annex. 14), and his such promotion was extended up to 28.02.1998. Since the period of promotion to the post of HOD extended beyond one year, the requisite concurrence was sought from the Rajasthan Public Service Commissioner (RPSC) as per Rule 27(2) of the Rajasthan Technical Education Service Rules, 1973.

(2.) THE RPSC, however, refused its concurrence vide the communication (Annex. R/3/1) dated 22.05.1998 and on the contrary asked for an explanation from the Deputy Secretary of the Technical Education Department, Rajasthan, Jaipur that in the absence of requisite experience of ten years not being available with the petitioner, Mr. Chandra Shekhar Chacha, without the concurrence of the RPSC, why even as ad -hoc promotion was given to the petitioner. Therefore, in the absence of any concurrence of the respondent -RPSC, ad -hoc promotion of the petitioner was not extended beyond 28.02.1998 and the same was communicated to the petitioner vide the order (Annex. 16) dated 15.06.1999. Challenging the said order, the petitioner has preferred this writ petition in this Court on 01.05.2000.

(3.) MR . Hemant Shrimali, learned counsel appearing for the petitioner urged that in fact the petitioner was working on the post of Lecturer, the substantive post held by him right from 1983 and, therefore, the experience could not be counted only from the year 1989 -90 on the basis of which he was said to be not possessing the requisite experience of ten years and the concurrence of the RPSC was thus wrongly refused by the Commission vide the communication (Annex. R/3/1) dated 22.05.1998. He, therefore, submitted that in view of a recurring cause of action to the petitioner, the writ petition deserves to be heard and decided on merits.