BUDHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - Heard and perused the material available on record.

(2.) By way of the instant writ petition, the petitioner has approached this Court praying for the following relief:-

(3.) The petitioner was appointed as a constable in the respondent police department on 6.12.1994. He claims to be having unblemished service in the department till date. On 30.12.2009, an advertisement was issued inviting applications from eligible candidates for appearing in the test for promotion to the post of head constable. The petitioner submitted an application form dated 7.1.2010 for appearing in the promotion process. The petitioner stated in his application that 2 children were born to him after 1.6.2002 and he was having 1 child before that date. The petitioner appeared in the examination and was declared successful. Thereafter, he was called for second phase of outdoor examination vide communication dated 30.3.2010. The successful candidates in the said selection process were promoted vide order dated 1.4.2010 but as the petitioner had fathered a third child after the cut off date i.e. 1.6.2002, he was debarred from promotion till 5 promotional stages vide order dated 1.4.2010 which is impugned as Annex.6 in the instant writ petition. The petitioner has placed on record a State Government notification dated 13.8.2004 as per which, an embargo of 5 years on claim of promotion has been imposed on Govt. employee having a third child after the cut off date i.e. 1.6.2002. It is averred in the writ petition that owing to the disqualification of having a third child after the cut off date, a State Government employee can at best be deferred from being considered for promotion for 5 years and not for 5 promotional processes. It is further averred that as the petitioner’s result was withheld due to this disqualification in a promotional process conducted in the year 2010, at best, the respondents were entitled to deny promotion to the petitioner for 5 years from 1.4.2010 but no sooner the embargo of five years was over, then, as per the said circular, the right of the petitioner to be promoted stood automatically revived.