ASHOK KUMAR JAIN Vs. RFC

JUDGEMENT

(1.) THIS appeal impugns the judgment dated January 9, 1998 of the learned Single Judge whereby writ petitions filed by Ashok Kumar Jain (present appellant) and three others namely Davendra Kumar Pokarna, Rajeev Ajmera and Shiv Kumar, against the Rajasthan Financial Corporation, (in short RFC), Executive Director of RFC and Selection Committee constituted for selection of Depty Manager (Finance) in pursuance to the advertisement dated September 7, 1991, issued by the RFC, were dismissed and the prayer of appellant to appoint him as Deputy Manager (Finance) on the touchstone of the criteria laid down by the respondents and to award him 20 marks under the head of 'Experience', was rejected.

(2.) THE appeal is primarily founded on the ground that if the appellant was given marks according to the formula fixed by the respondents, he would have secured 20 marks under the head of 'Experience'. When 20 marks are added to the marks obtained by the appellant under the three heads, he would secure 69 marks, more than the marks awarded to the private respondents No. 7 and 12, who were not holding 'responsible position' as they were clerical employees of 'B' Class being 'Assistant' and 'Junior Assistant' in RFC and were not entitled to 20 marks under the head of 'Experience'. In the circumstances therefore the appellant was entitled to be appointed as Deputy Manager (Finance) on the touchstone of criteria laid down by the respondents themselves and learned Single Judge was not right in rejecting the writ petition.

(3.) WE are told by learned Counsel for the RFC that the above order was implemented in letter and spirit by RFC and Rajeev Ajmera was appointed as Assistant Manager (Finance) w.e.f. May 16, 1992. Learned Counsel placed relevant record for our perusal and we noticed that on the advise of its counsel, RFC did not file S.L.P. against the said order before the Hon'ble Supreme Court and allowed the order to attain finality.