DR. SUBHASH CHAND JAIN Vs. STATE

JUDGEMENT

(1.) Petitioner had filed an appeal before the Rajasthan Civil Services Appellate Tribunal in the matter of promotion to the post of Senior Medical Officer. His appeal No. 2/91 was accepted by the Rajasthan Civil Services Appellate Tribunal vide its order dated 4.1.93. The Tribunal gave a direction to the respondents to reconsider the case of the petitioner for promotion with effect from the date persons junior to him were given promotion. The Tribunal has also directed that if the petitioner is otherwise found suitable he should be given promotion in the same manner as his juniors have been promoted.

(2.) After the order of the Tribunal, the petitioner made representations Annexures-2 to 6 to the respondents for implementation of the order passed by the Tribunal. Having failed to persuade the departmental authorities to act upon the petitioner's notice representations, the petitioner served a notice for demand of justice on 5.2.94. Notice for demand of justice sent by the petitioner also proved futile and that is why the petitioner is before this Court seeking a writ of mandamus.

(3.) Sec. 8 of the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976 is declaratory in nature. It declares that the order passed by the Civil Services Appellate Tribunal shall be final, although, this finality is subject to a successful challenge to the order of the Tribunal before the High Court by way of writ petition and before the Supreme Court by way of appeal. Insofar as the respondent Government is concerned the finality attached to the order of the Tribunal is in reality final and it is not open to the departmental authorities to ignore, disregard, disobey or flout the order passed by the Tribunal by their action or omission.