DWARKA PRASAD JAIMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner in this writ petition has challenged the orders Annexure-4, 5 and 7, all dated 8. 10. 1993, passed by Excise Commissioner, Udaipur.

(2.) THE factual matrix of the case are that the petitioner was appointed as Stenographer Gr. II as a consequence of regular selection through Rajasthan Public Service Commission (for short `rpsc') on 14. 08. 1984 in the Excise Department of the State. THE RPSC on 4. 04. 1987 invited applications from the eligible candidates for appointment on the post of Personal Assistant (Hindi) and Personal Assistant (English) in accordance with the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 (for short `the Rules of 1957' ). It would be evident from advertisement Annexure-1 that this was a qualifying examination for the purpose of promotion on the aforementioned posts and only such of the candidates who were working with the Government were eligible to apply for and appear in the same. THE petitioner appeared and successfully passed the qualifying examination conducted by the RPSC. Accordingly, his name was recommended to the Department of Personnel & General Administrative Reforms, Government of Rajasthan, Jaipur. THE Department of Personnel recommended his name for appointment on the post of Personal Assistant vide communication dated 28. 04. 1988 to the Commissioner Excise, Udaipur. THE case of the petition is that he stood at serial No. 1 in the panel prepared by the Commission from a amongst the candidates. THE Commissioner Excise vide his letter dated 30. 08. 1988 appointed the petitioner as Personal Assistant in the pay scale of Rs. 1400-2825 and accordingly the petitioner joined his duties on 2. 09. 1988. According to the petitioner, his appointment on the post of Personal Assistant was not by way of promotion from the post of Stenographer Gr. II.

(3.) CORRESPONDING provision below Rule 7 (1) (d) with regard to method of recruitment then available was also substituted by same Notification dated 10. 08. 1989 (supra ). The said provision then available read as under:- " (1) 50 percent of the vacancies of Personal Assistant in a particular year, shall be filled in by promotion on the basis of seniority cum merit from amongst the Stenographers + (who have passed the qualifying examination before 10. 5. 1978 or after 15. 3. 1978 or competitive examination before 15. 3. 1978 or have been exempted from appearing at the said examination under proviso (7) to rule 7 and) having a minimum seven years of service as Stenorgrapher Grade, and. . . "