ATMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for issuance of a writ, order or direction to quash the order dated 23rd November. 1987, whereby Nand Kishore, a Class IV Employee working in the District Court, Kota was promoted as Driver and was posted in the pay scale of Rs. 880 -1680 in the court of Judicial Magistrate (Mobile). The petitioner has also prayed that he be promoted on the post of Driver with effect from 23rd November, 1987.

(2.) BRIEFLY stated the facts of the case are that the petitioner was recruited by the District and Sessions Judge, Pratapgarh on 28th July, 1983, on the post of peon. It was specifically mentioned by the District and Sessions Judge, Pratapgarh that the persons having experience as driver shall be considered for the post of peon. The petitioner has further stated that he was qualified as a driver and was, therefore, recruited on the post of peon. But, in fact, he was assigned the duty as a driver. After his recruitment as a peon he worked as driver with the District and Sessions Judge, Pratapgarh. He has pleaded that he is already having a driving licence No. 24090 dated 22nd June, 1978. The petitioner has further stated in the petition that from Pratapgarh he was transferred to Kota in the capacity as peon and during his tenure of service with the then District and Sessions Judge he was assigned the duty of driver. It is further pleaded that in Kota District one post of driver was going to be vacant because of voluntary transfer request of one Ghasi Ram, driver. The Rajasthan Subordinate Employees Union, District Branch of Judicial Department, Kota made a representation to the District and Sessions Judge, Kota for promoting the petitioner to the post of driver. But, the then acting District and Sessions Judge, Kota made a noting on 1st August, 1987 that the post of driver was not vacant at that time. Subsequently, vide order dated 2nd September, 1987, passed by the Registrar, Rajasthan High Court, Jodhpur Shri Ghasi Ram driver was transferred from the Court of District and Sessions Judge, Kota to the Jaipur Bench of the Rajasthan High Court. Consequently, the post of driver fell vacant on 2nd September, 1987. Again, the said Union made a representation for promoting the petitioner to the post of Driver at Judicial Magistrate (Mobile)'s Court, Baran. According to Rule 12 of the Rajasthan Subordinate Service (Recruitment and other Service Conditions) Rules, 1960 which are applicable to the Judicial Department also, for promotion to the post of Driver from Class IV Employees driving licence and three years' experience as a driver is a requisite qualification. The case of the petitioner is that the petitioner is possessed of the requisite qualification and, therefore, he was entitled to be promoted to the post of Driver; but respondent No. 2 ignored the eligibility of the petitioner and promoted one Nand Kishore peon to the post of Driver in the pay scale of 880 -1680, to the Special Magistrate Judicial (Mobile), Baran. The petitioner has submitted that Nand Kishore was having a driving licence bearing No. 72883 dated 6th October, 1987 but was not having the requisite experience of the three years for being promoted.

(3.) IN the reply filed by respondent No. 2, it has been pleaded that respondent No. 3 fulfills the requisite experience. The said respondent has further pleaded that merely because licence dated 6th October, 1987 has been obtained, it cannot be said that respondent No. 3 had no experience.