ASHOK KUMAR MISHRA Vs. RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LIMITED, THROUGH ITS CHAIRMAN-AND-MANAGING DIRECTOR

JUDGEMENT

(1.) By this writ petition, a challenge is made to the amendment in the Officers Service (Recruitment, Promotion and Seniority) Regulations, 1974 (for short "the Regulations of 1974") so adopted subsequently by the Rajasthan Rajya Vidhyut Prasaran Nigam Ltd. (RRVPNL) . The amendment was brought vide order dated 03rd June, 2006 (Annexure - 1) .

(2.) It is submitted that for the post of the Assistant Public Relations Officer (for short "the APRO") , higher qualification of Masters Degree was provided, whereas, for the post of Public Relations Officer (for short "the PRO") , lower qualification of Graduation was kept. The amendment was made to change the qualification so as to oust the petitioner from selection and, accordingly, private respondent was appointed vide order dated 10th April, 2007. The appointment of private respondent was challenged by way of amendment in the writ petition in the year 2012 i.e. after five years of selection. It is further stated that post of APRO was not even existing on the date of selection in the year 2007. It is in view of the order dated 03rd June, 2006 at Annexure - 1 that post of APRO was converted to the post of Assistant Secretary in the same pay-scale thus selection was otherwise made against non-existing post.

(3.) A reference of downgradation of the post of PRO to that of APRO vide order dated 24th August, 2002 has also been given. The downgradation was made with a view to benefit the private respondent. In view of the above, impugned amendment so as the selection of private respondent may be set aside and the relief claimed in the writ petition may be allowed.