GOPESWAR BHATT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE case before me is an aftermath of what is known as Guman Singh's case reported as Guman Singh v. State of Rajasthan : (1971)2SCC452 .

(2.) THE petitioner belongs to the Rajasthan Administrative Service, to be shortly stated hereinafter as the 'R.A.S.', constituted by the Rajasthan Administrative Service Rules, 1954, hereinafter to be referred as the 'R.A.S. Rules'. He joined this service on 26.8.55 as Assistant Collector and Magistrate and was confirmed in the R.A.S. on 27.8 57. The R.A.S. comprises of three scales of pay; one is the ordinary time scale 375 850, the other is the senior scale 700 -1100, and the third is the selection grade 1100 -1500. The promotion to the senior scale of the R.A.S. from the ordinary scale of the R.A.S. is both on the basis of seniority -cum -merit; as well as strictly on merit., Likewise, the selection to the selection grade is from the senior -scale and this is again both on the basis of seniority -cum -merit and strictly on merit. The petitioner was selected in the selection grade of the RAS strictly on the basis of merit i.e. against the merit quota, in January, 1967. He was there - after promoted to the selection grade of RAS with effect from 26 12 70 again against the merit quota, that is, strictly on merit. Sometime after his appointment to the selection grade Shri Guman Singh's case before their Lordships of the Supreme Court came to be decided on 26 7 71 It is the decision of Shri Guman Singh's case that has resulted in the reversal of the petitioner's fortune. The State Government thought that in view of what their Lordships had laid down in Guman Singh's case they had to review the cases of all the promotees to the selection grade of the RAS on the basis of the circular that came to be struck down by heir Lordships in the aforesaid case. Accordingly, the Government constituted a departmental committee and on the basis of recommendations made by that committee the Government superseded the previous orders and instead appointed other officers in the selection grade of the RAS with effect from 26.la.70. I may read the impugned order of the State Government dated 12.4.73: .........[vernacular ommited text]...........

(3.) THE writ petition has been opposed by the State of Rajasthan. It is denied that the Government were not entitled to review the cases of R A.S. Officers other than those who were before their Lordships of the Supreme Court. It was submitted that as the Government circular on the basis of which promotions to the senior scale of the R.A.S. that were made in 1967 had been struck down, all the appointments made in pursuance thereof were null and void and, therefore, the Government could re examine the whole position and make fresh selections and appointments on correct basis. Then it was submitted that in Guman Singh's case a stay application was filed on behalf of Shri Guman Singh before their Lordships of the Supreme Court and on 3. 2 70 the Advocate General had made a submission before their Lordships that he would advise the Government not to make any further promotions or confirmations in the senior scale or higher scales. Subsequently an application was moved on behalf of the State Government to modify the submission made on 3.2.70 and on the State Government giving an undertaking that all the promotions whether they be in the same line or in some other line, shall be subject to orders of the Court in Shri Guman Singh's case the previous order was modified on 21 7.70. It was thereafter that the Departmental Promotion Committee met to consider the cases of RAS Officers for promotion to the selection grade and the petitioner, amongst others, came to be appointed on the recommendations of the Departmental Promotion Committee to the selection grade with effect from 26 12.70. The Government, therefore, maintain that in view of the undertaking that the Government had given before their Lord - ships of the Supreme Court the appointments or promotions made before the decision of the appeal in Guman Sirgh's case would only be provisional though they purported to be substantive, and as the circular which was the basis of the promotion had been struck down by their Lordships the order of the petitioner's appointment to the selection grade was reviewed and as the result of the review by the Departmental Promotion Committee others were appointed whereas the petitioner was not so appointed to the selection grade.