GANGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner for issuance of a writ order or direction to the respondents to declare the petitioner promoted on the post of Junior Accountant since 1975 or since 4th July, 1975, the date from which the persons junior to the petitioner were promoted to the said post. The petitioner has claimed further promotion to the post of Accountant since 1979 and as Accounts Officer since 1988 to keep him at par with his juniors who have been so promoted. He has accordingly claimed all consequential benefits for the aforesaid posts.

(2.) THE material facts of the case are that the petitioner had been appointed as Accounts Clerk with effect from 22.11.1958, after passing the examination of Accounts Clerk. Thereafter, it appears that the Accounts Service in the State of Rajasthan came to be reconstituted in the year 1975, wherein it was decided to absorb all the Accounts Clerks to the post of Junior Accountant along with those persons who have not been designated as Accounts Clerk, but were Upper Division Clerks and were discharging the duties in Accounts. A provision was, therefore made in the Rajasthan Subordinate Accounts Service Rules, 1963 wherein Sub -Rule (2) of Rule 6 laid down for special recruitment to the post of Junior Accountant from amongst Accounts clerks according to the criteria and in the manner laid down in chapter IV of Rules of 1963 namely Rule 27,which reads as under: 27. procedure and criteria for special recruitment of Accountants: (i) A person who, after having passed the Accounts clerks Examination, was holding the post of Upper Division Clerk or Accounts Clerk on 31st March, 1972, including one who having become eligible for promotion in the regular line had been promoted to a post higher than Upper Division Clerk in a substative/officiating/temporary/ad hoc capacity or had been transferred to other department or gone on deputation on equivalent or higher post on the said date shall be eligible for appointment to the post of Junior Accountant.

(3.) IT has been stated on behalf of the petitioner that he had become automatically entitled to the post of Junior Accountant by virtue of reconstitution of the Accounts service and the petitioner ought to have been posted as Junior Accountant from the date the persons junior to him were posted as such. The petitioner however has himself stated the reason due to which he could not be posted as junior Accountant for he disclosed that he was placed under suspension firstly on 24th October, 1967, which was revoked vide order dated 17th June 1972,but the enquiry was pending which was finalised on 15th October 1988, by which a penalty of forfeiture of one increment for two years without cumulative effect was ordered. However the period of suspension was treated to be as on duty for all purposes. The petitioner was again suspended on 1lth May, 1976, but the same was again withdrawn on 3rd July, 1982. By this order also the petitioner was treated to be as on duty regarding the period of suspension as he was exonerated of the charges.