RAM PRAKASH NAYAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT petition has been filed by petitioner only on apprehension that respondents have initiated process of making regular promotion on the post of Additional Director in terms of amendment made vide notification dt. 5th April, 2008 [schedule 'a'] which has been given retrospective effect w. e. f. 1st April, 2001 and he has been deprived of his fair right of consideration.

(2.) BASIC and foremost contention of counsel for petitioner is that he is a member of scheduled caste promoted on substantive basis as Deputy director against the quota of 2000-01 and the next higher post which the Government intends to fill, is of Additional Director. Since no person in the department is substantive holding the post of Joint Director and as per his information, he is not being considered for promotion on the premise that he has not completed minimum requisite service/experience required under the existing scheme of rules. But, at the same time, those who were promoted along with him against the quota of 2000-01 as Deputy Director, their candidature has been considered. Moreso, he is a member of SC category and he is certainly entitled for benefit of reservation also.

(3.) IN opinion of this court, at this stage it is only the apprehension of the petitioner. No final decision has come forward on the recommendation of DPC in regard to the process initiated by the respondent-State while making regular promotion on the post of Additional Director under the scheme of rules. In absence of any adverse order being passed by the respondent-State, petitioner cannot be said to be aggrieved at this stage. Consequently, writ petition stands dismissed. However, petitioner will be at liberty to avail remedy available under law if any order is passed causing prejudice to him.