RAJENDRA KUMAR KHANDELWAL Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) 38 appeals filed by Sub-Inspectors before the Rajasthan Civil Services Appellate Tribunal Jaipur were decided by a common order dated 29/11/2013 for the reason the factual matrix of the appeals was the same. Against the decision of the Tribunal, DGP Police and some effected candidates filed 41 writ petitions in this Court which were disposed of by the learned Single Judge vide impugned-order dated 26/05/2015. Above captioned 12 appeals have been filed by some of the candidates who were the appellants before the Tribunal. In 10 appeals arguments were heard and judgment was reserved on 24/05/2017. Thereafter, 2 more appeals were listed before us. Counsel stated that the arguments advanced on 24/05/2017 be taken as the arguments in the said two appeals as well. Thus, 12 appeals are being decided by us by a common order.

(2.) A legal issue concerning interpretation of para (a) of sub-rule (1) of Rule 10 of the Rajasthan Police Subordinate Service Rules, 1989 arises for consideration. Rule 10(1)(a) reads as under:-

(3.) The view taken by the Tribunal is that if for the promotional post in question, for further promotion therefrom vacancies pertaining to a financial year are determined and the process of promotion is initiated, for the purpose of the lower post, these vacancies would be required to be treated as likely to occur during the financial year, and thus must be included as the vacancies purposes to be filled up. Differing with the view taken by the Tribunal, the learned Single Judge has, placing emphasis on the word "actual", has held that unless further promotions are effected, the vacancies cannot be included for the post in question.