AJAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE all these writ petitions are similar in nature, therefore, the same are being decided by this common order.

(2.) IN S. B. Civil Writ Petition No. 3355/2004- Hanuman Singh Bhati & Ors. vs. State of Rajasthan & Ors. , the petitioners have prayed for following reliefs:- (i) by an appropriate writ, order or direction, the impugned seniority list dated 4. 5. 2004 (Annexure-12 & 13) as on 1. 4. 1993 and 1. 4. 1994 may kindly be quashed and set aside. (ii) by further appropriate writ, order or direction, the respondents be directed to hold the review board only after the seniority list of RAS officers is finalised as per the directions of this Hon'ble Court given vide orders dated 30. 5. 2001 and 12. 9. 2001 and only after it has been made public. (iii) by further appropriate writ, order or direction, the respondents be directed to convene the regular board for promotion from RAS to IAS from years 1995-96 and onwards simultaneously holding the review board for the years 1993-94 and 1994- 95. (iv) Or any other prejudicial order, if passed during the pendency of the writ petition, against the rights and interest of the petitioners, the same may kindly be taken on record and be also quashed and set aside. (v) Or any other appropriate relief may kindly be granted to the petitioners which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case. (vi) The cost of the litigation may kindly be awarded to the petitioners.

(3.) AS per the petitioner, in the case of Shambhu Singh Meena And Others vs. State of Rajasthan And Others, decided on 19. 04. 1995 and reported in 1995 Supp (2) SCC 431, Hon'ble the Supreme Court has held that the notification dated 30. 11. 1991 is to be applied prospectively. In this view of the matter, a review DPC was held on 23. 02. 1996 and the petitioner was found to have been entitled for merit promotion in selection scale of RAS as against the vacancies of 1991-92 having been found consistently 7 out of 7 outstanding/very good APARs. The name of the petitioner is appearing at No. 5 in the order dated 23. 02. 1996 as against the merit promotion/selection scale and 12 vacancies were filled for the merit promotees in the year 1991-92 and in the above 12 persons, the petitioner's name is at No. 5.