MOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed this writ petition with the prayer that the respondents may be directed to consider his case for promotion to the post of Assistant Director Agriculture from the date persons junior to him were promoted and may be further directed to make fixation of his pay in the pay scale pertaining to the post of Agriculture Officer w.e.f. 31.3.1991 and pay him all actual benefits accrued therefrom. He has also prayed that the action of the respondents in making notional fixation without actual benefits may be declared illegal.

(2.) The facts giving rise to the present petition are that after being selected by the Rajasthan Public Service Commission, Ajmer the petitioner was appointed as Agriculture Extension Officer by the respondents vide order dated 22.7.1971. The respondent No. 1 passed an order on 30.3.1991 promoting various other officers on the post of Agriculture Officer against the vacancies of the year 1990-91. However it was stated in the order that the recommendations by the Departmental Promotion Committee qua the petitioner has been kept in sealed cover because of the lodgement of FIR against him on 25.2.1980 for offence under Section 5(1)(E)(2) of the Prevention of Corruption Act, 1947 on charges of possessing assets disproportionate known sources of his income. The investigation of this FIR ultimately culminated in filing of the Final Report on 19.12.1987 which was accepted by the Court on 6.3.1992. In spite of this, the respondents did not open the sealed cover and therefore did not grant promotion to the petitioner. He submitted several representations but the respondents did not redress his grievance. The petitioner preferred S.B. Civil Writ Petition No. 628 of 2000 which was disposed of by this Court vide judgment dated 22.5.2000 directing the respondents to consider his case for promotion. The petitioner thereafter retired from service on attaining the age of superannuation on 31.7.2000. Finally, vide order dated 9.9.2003 the respondents opened the sealed cover and accorded promotion to the post of Agriculture Officer against the vacancies of the year 1990-91 on seniority - cum-merit basis. It has been submitted that even though his regular promotion order was issued on 9.9.2003 but the petitioner was promoted on the post of Agriculture Officer in the year 1985 and continued to hold the same uptil the date of his retirement on 31.7.2000. In these circumstances, he submitted a representation to the respondents to further consider his case for promotion to the post of Assistant Director Agricultural (Extension) as the persons junior to him were already promoted but the case of the petitioner was not considered for promotion. The petitioner submitted a representation to this effect on 10.9.2003 followed by another representation on 25.9.2003. His representation was forwarded by Assistant Director (Extension), Bali District Pali on 12.1.2004 to the Accounts Officer, Directorate of Agriculture, Jaipur for appropriate directions. The Joint Director Agriculture (Admn.), Jaipur directed the Assistant Director Agriculture (Extension), Bali to allow only notional benefits to the petitioner by making fixation of his pay w.e.f. 31.3.2000. Actual benefits of promotion were thus denied to the petitioner. Hence this writ petition.

(3.) The respondents have contested the writ petition and filed a reply thereto. In the reply, it has been submitted that when the Departmental Promotion Committee originally, met to consider case of the petitioner for promotion on the post of Agriculture Officer, the petitioner was facing investigation in a criminal case and therefore, the recommendations of the Departmental Promotion Committee qua him were kept in sealed cover. However, prior to conclusion of the said case, another disciplinary inquiry was initiated against the petitioner under Rule 16 of the CCA Rules and therefore the sealed cover could not be opened. Finally, the departmental enquiry was concluded and the Competent Authority passed an order on 20.3.2002 whereby his 25% pension for a period of five years was ordered to be withheld. It was only thereafter that the sealed cover was opened as per the directions of Dy. Secretary, Agriculture (Group-I) Department, Rajasthan and the petitioner was accorded promotion on 9.9.2003. The petitioner has been given notional benefits in the matter of fixation of his pay from the post of Agriculture Officer w.e.f. 31.3.1991. The respondents have submitted that the representation submitted by the petitioner has been decided by a detailed, and speaking order dated 13.10.2000. They have further submitted that the said order was passed pursuant to the directions given by this Court in which the respondents have stated that since the disciplinary inquiry was initiated against the petitioner vide memorandum of charge-sheet dated 5.6.1997 issued to him under Rule 16 . of the C.C.A. Rules, the petitioner could not be promoted on higher post according to the Government circulars dated 26.11.1993 and 2.3.1998 nor the sealed cover in respect of the D.P.C. of the year 1990-91 could be opened. The respondents have also placed on record copy of order of penalty dated 20.3.2002 passed pursuant to charge-sheet dated 5.6.1997. The respondents have therefore submitted that neither the petitioner can be granted actual benefits for the intervening period nor can he be promoted on the post of Agriculture Officer.