RATAN LAL AGARWAL Vs. HIGH COURT OF JUDICATURE

JUDGEMENT

(1.) THE petitioner has prayed that a writ of mandamus or direction be issued to the respondents to grant him selection scale with effect from 13.7.1988, the date when his junior Mr.Atul Kumar Jain was granted the same and the Senior Scale with effect from 13.8.1987 to 12.7.1988. The petitioner has further prayed that he should be declared senior to the respondent Nos.3 to 8. He has also prayed that adverse remarks in his A.C.R. for the year 1990 and confidential letters dated 3.12.1992 and 12.3.1993, communicated to him be quashed and the respondent No. 1 be directed to promote him in Rajasthan Higher Judicial Service from the date when his juniors were promoted without considering the adverse remarks as contained in letter dated 5.9.1992, marked Annexure 15. The petitioner be granted all consequential benefits including the salary, allowance with interest thereon.

(2.) THE brief facts of this writ petition are as below:The petitioner joined Rajasthan Judicial Service (R.J.S.) w.e.f. 4.12.1976. vide order dated 13.7.1988, he was promoted on the post of Civil Judge cum -A.C.J.M.under Rule 7 -C of the R.J.S. Rules 1955, on the basis of merit after taking his seniority into consideration. The State Government vide its order No. F.l(1)Karmik/Ka -IV -87 dated 31.10.1988, granted scales of pay to the members of R.J.S. as are applicable to the R.A.S. Officers of the State as mentioned in the order. In pursuance of the said order, the respondent No. 1 constituted a Screening Committee of five Judges to finalise the list of officers for granting various scales of pay. In the meantime, the petitioner received a letter dated 8.9.1989 (Ex.3), conveying to the petitioner regarding withholding of his Integrity certificate for the period from 2.5.1983 to 14.12.1983. The petitioner submitted a representation against the said communication. The respondent No. 1, after considering the said representation of the petitioner expunged the adverse remarks and informed of the same to the petitioner vide letter dated 5.3.1990 (Ex.5), but this letter was not produced before the Screening Committee and on account of that, the petitioner was not given Selection Scale. The respondent No. 1, vide its orders dated 19.5.1990 (Ex.7 to Ex.10), granted super time, selection and senior scales to the R.J.S. Officers, including those officers who were junior to the petitioner and were not even eligible but did not grant even senior scale to the petitioner. Under these circumstances, the petitioner vide his representation dated 29.6.1990, requested the respondent No. 1, for granting him Selection Scale. It has been further mentioned in the Writ Petition that the respondent No. 1 vide its letter No. ACR/R/90'/636 dated 5.9.1992 (Ex.15), communicated the following adverse remarks for the year 1990. He has a tendency to mix freely with public, which should be curbed. Integrity controversial. A bad officer.

(3.) THE respondent No. 1, in Its written reply denied the allegations of the petitioner. The Additional Registrar (Writs), also produced the original record concerning the petitioner as directed.