RAJASTHAN HIGH COURT Vs. MAHESH SINGH

JUDGEMENT

(1.) THESE two connected Special Appeals under Section 18 of the Raj. High Court Ordinance, 1949, have been directed against the judgment dated 7th July, 1993, passed by learned Single Judge, whereby he allowed the Writ Petition Nos. 208/1992 and 258/1992, filed by petitioner -respondents separately.

(2.) THE brief relevant facts of these appeals are that the petitioner -respondents after due selection joined Rajasthan -Judicial Service in the year 1973, and were posted as Munsif -cum - Judicial Magistrates.

(3.) THE Government vide its order dated 17th Sept. 1985, promoted both the petitioner -respondents on the post of Civil Judge -Cum -Additional -Chief Judicial -Magistrate on adhoc basis. In the year 1988, both were posted as Civil Judge -Cum -Chief Judicial -Magistrate. On the recommendations of the appellant, the Government vide its order dated 27th February, 1991, passed under Rule 22 of the Rajasthan Higher Judicial Service Rules, 1969 (for short the R.H.J.S. Rules), promoted both the petitioner - respondents on the post of A.D.J. temporarily on adhoc basis for a period of six months. It was mentioned in the order that the petitioner - respondents would not get any right on account of this promotion. Vide order dated 6.3.1991, Shri Mahesh Singh was posted as A.D.J, Jaisalmer, while Shri Narain Lal was posted as A.D.J. Nohar. Vide order dated 28th November, 1991, their term was further extended for a period of three months. When the petitioner -respondents came to know that the Full Court in its meeting held on 19th December, 1991, decided to revert them from R.H.J.S. to R.J.S. cadre, on the basis of report of a Committee, which had taken into consideration their ACRS for the last seven years including the ACRS for the years 1984 and 1985, they filled separate writ petitions, praying that the appellant be restrained from reverting them from the cadre of R.H.J.S. to the cadre of R.J.S. and in case if any order of reversion is passed, the same be set -aside. They based their writ petitions on two grounds. Firstly, the adverse entries in the ACRS for the years 1984 and 1985 were washed off on account of their promotions as mentioned above and secondly at the time of promoting the petitioners on the post of A.D.J., the rule was for considering the past five years service record of R.J.S. officers. The petitioner -respondents were promoted against the vacancies which existed at the relevant time. The rule for considering past seven years service record was made for the first time on 19th December, 1991. The rule is prospective and not retrospective.