GULAB CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was promoted by the Collector, Bhilwara, on 18th September, 1975 as an officiating senior clerk on the basis of merit. THE Collector issued another order on 30th November, 1977, by which the earlier order of promotion of the petitioner was revoked. An appeal was filed in the Rajasthan Civil Service Appellate Tribunal which was dismissed on 18th April, 1978. Hence, this writ petition.

(2.) IT appears that in the relevant rules there was no provision for promotion of a lower division clerk as an upper division clerk on the basis of merit. The rules simply provided for promotion on the basis of seniority-cum merit. Representations were filed against the promotion of the petitioner and a member of the Board of Revenue while inspecting the office the Collector on 24th April, 1977, also noticed that the promotion was irregular. The petitioner came to know of these representations and he also filed a representation on 17th October 1977 which were considered and it was thereafter that he was demoted as an L. D. C The Tribunal called the relevant file from the office of the Collector and found that no proper committee as envisaged in the rules for promotions was formed, The file also contained a noting that the promotion was being made on an urgent and temporary basis which meant but ad hoc promotion. That gave no right to the petitioner. The Tribunal therefore rejected the appeal.