STATE Vs. R C S A T

JUDGEMENT

(1.) The controversy is in regard to promotion to the post of District Transport Officer from the post of Motor Vehicle Inspectors. The promotions are made under the Rajasthan Transport Service Rules, 1979. As per Schedule to the above rules, 1979, promotions to the post of District Transport Officer is to be made 50% by direct recruitment and 50% by promotion. So far as promotions are concerned, the same can be made from the post of Motor Vehicle Inspector. Apart from the requisite qualifications the experience for promotion required is 5 years experience on the post of Motor Vehicle Inspector. Service rendered against the post of Sales Tax Inspector or Inspector Excise and Taxation prior to posting in the Transport Department or Motor Vehicles Inspector shall be counted in computing the period of 5 years service as Motor Vehicle Inspector. Earlier there was a condition of passing qualifying examination for promotion to the post of District Transport Officer. However, the condition was deleted from the schedule vide Notification dated 13.4.92.

(2.) As per Rule 1.0 of the above Rules, determination of vacancies have to be made on first April every year, for the actual number of vacancies in the occurring financial year. Rule 10 reads as under:- Determination of vacancies.-(l)(a) Subject to the provisions of these Rules, the Appointing Authority shall determine on 1 st April every year, the actual number of vacancies occurring during the financial year, (b) Where a post is to filled in by a single method as prescribed in the rule or Schedule, the vacancies so determined shall be filled in by that method. (c) Where a post is to be filled in by more than one method as prescribed in the rules or Schedule, the appointment of vacancies, determined under clause (a) above, to each such method shall be done maintaining the prescribed proportion for the over all number of post already filled in. If any fraction of vacancies is left over, after apportionment of the vacancies in the manner prescribed above, the same shall be apportioned to the quota of various method prescribed in a continuous cyclic order giving precedence to the promotion quota. 2) The Appointing Authority shall also determine the vacancies of earlier years, year wise which were required to be filled in by promotion, if such vacancies were not determined and filled earlier in the year in which they were required to be filled in."

(3.) Procedure for recruitment by promotion have been provided under Part V of the Rules. Relevant portion of Part V is reproduced as under:-