BAL KISHAN Vs. DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) THE instant petition has been filed challenging the order dated 6.6.1990 contained in Annexure. 4 to this writ petition, by which the claim of the petitioner for promotion to the post of Upper Division Clerk has been turned down.

(2.) THE petitioner claimed that he had been appointed as Lower Division Clerk vide order dated 11.9.1969 in the District and Sessions Judgeship, Pali and in pursuance to the said appointment letter, he had been confirmed as Lower Division Clerk with effect from 1.10.1982. The petitioner's name was shown at Serial No. 29 and the respondent No. 2 was shown at Serial No. 31 as is evident from the Seniority List contained as Annexure. 1 to the petition. The Rajasthan Subordinate Courts Ministerial Establishment Rules, 1986 (hereinafter referred to as 'the Rules, 1986') governs the service conditions of the employees like the petitioner and for the purpose of promotion, the Rule 14 of the Rules, 1986 provides the criteria of 'seniority cum merit'. Vide impugned order dated 6.6.1990, the respondent No. 2 had been promoted rejecting the claim of the petitioner on the ground that some adverse entries had been made in the years 1986 -87 against the petitioner. Being aggrieved and dissatisfied, the instant writ petition has been filed.

(3.) LEARNED Counsel for the respondents have taken a plea that the alternative remedy of making a representation to the High Court is available to the petitioner and. thus, he should be relegated to the said remedy. The petition was filed in the year 1990 and after the lapse of such a long period, it is not desirable that the petitioner be asked to seek an alternative remedy.