Rajasthan High Court - Jodhpur
Bhanwar Lal Parihar & Ors vs State Of Raj. & Ors on 5 April, 2018
Bench: Chief Justice, Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Writ Restoration No. 271 / 2017
in
D.B. Special Appeal (Writ) No.696/2013
1. Bhanwar Lal Parihar S/o Shri Mohan Lal Parihar, Aged About
54 Years, At Present Posted As Tehsildar, Colonisation,
District Bikaner, Rajasthan.
2. Shanar Ram S/o Shri Manga Ram, At Present Posted As
Tehsildar, Chohatan, District Barmer.
3. Arjun Dan S/o Shri Bhanwar Dan, At Present Posted As
Tehsildar At Jaswantpura, Jalore.
4. Ramesh Chandra Maheshwari S/o Shri Govind Narayan, At
Present Posted As Tehsildar At Nasirabad, Ajmer.
----Petitioners
Versus
1. State of Rajasthan through the Revenue Secretary,
Government of Rajasthan, Secretariat, Jaipur, Rajasthan.
2. The Board of Revenue, Ajmer through its Registrar.
3. Deputy Secretary (Revenue), Group (I), Government of
Rajasthan, Secretariat, Jaipur.
4. Additional Registrar, Board of Revenue, Ajmer.
5. Tara Chand Venkat S/o Shri Taga Ram Ji, At Present Posted
As Nayab Tehsildar At Sindhari, Barmer.
6. Ramesh Chandra Bahediya, S/o Shri Shankar Lal Ji, At
Present Posted As Nayab Tehsildar At Bhadsoda, Chittorgarh.
7. Subhash Chand S/o Shri Pitha Ram, At Present Posted As
Nayab Tehsildar At Sujangarh, Churu.
8. Surendra B Patidar S/o Shri Velchand Ji, At Present Posted
As Nayab Tehsildar At Dhungla, Chittorgarh.
9. Ajay S/o Shri Mahaveer Singh, At Present Posted As Nayab
Tehsildar At Shivganj, Sirohi.
10. Manoj Solanki S/o Shri Ram Lal Solanki, At Present Posted
As Sadar Kanungo in Divisional Commissioner Officer,
Jodhpur.
11. Rohit Chauhan S/o Shri Shyam Singh Ji, At Present Posted
As Nayab Tehsildar At Sirohi.
12. Jawahar Ram Choudhary S/o Shri Kesra Ram, At Present
Posted As Nayab Tehsildar At Jhanwar, Jodhpur.
(2 of 3)
[WRES-271/2017]
13. Narayan Jeengar S/o Shri Raghunath Jeengar, At Present
Posted As Tehsildar At Kotda, Udaipur.
14. Bajrang Lal Meena S/o Shri Surja Ram Meena, At Present
Posted As Tehsildar At PTS Gajsinghpur, Sriganganagar.
15. Ramdhan Mahawar S/o Shri Shiv Bux, At Present Posted As
Tehsildar At Gas India Limited, Jaipur.
16. Hari Shankar Gupta S/o Shri Gulab Chand Gupta, At Present
Posted As Tehsildar Khanpur, Jhalawar.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Sajjan Singh Rathore
_____________________________________________________
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 05/04/2018 Writ Restoration No.271/2017:
1. For the reasons mentioned in the application D.B. Special Appeal (Writ) No.696/2013 is restored for hearing on merits.
Special Appeal (Writ) No.696/2013:
1. Heard learned counsel for the appellants.
2. The appellants were the private respondents in the writ petition filed by the private respondents in the appeal. The writ petitioners had challenged an order dated 11.01.2013 wherein the appellants who were holding the post of Naib Tehsildar on ad-hoc basis were further promoted as Tehsildar on ad-hoc basis. The case of the writ petitioners was that they were substantively appointed on probation as Naib Tehsildars and thus they ought to have been promoted as Tehsildars on ad-hoc basis.
3. The learned Single Judge noted that as per Rule 31 of the (3 of 3) [WRES-271/2017] Rules a vacancy in the service which cannot be immediately filled up either by direct recruitment or promotion under the Rules may be filled up by appointing officers on officiating, temporary or ad-
hoc basis. The learned Single Judge noted that the criteria and the eligibility for promotion was governed by Rule 28A which required that no person shall be considered for promotion in service unless he substantively appointed on lowest post in the service.
4. The impugned decision is dated 10.05.2013. Today we are in the year 2018. With the passage of time the writ petitioners who were appointed as Naib Tehsildar on probation have been confirmed and have earned requisite qualification to be further promoted as Tehsildars. Suffice it to state that in the year 2013 the department faced a problem where no eligible person was available for promotion to the post of Tehsildar and thus promotions were effected on ad-hoc basis. Today, person who have the requisite experience and are qualified for the promotion as Tehsildar are available and thus in view of the changed circumstances as of today we dismiss the appeal. (VINIT KUMAR MATHUR)J. (PRADEEP NANDRAJOG)CJ. Mohit Tak