Rajasthan High Court - Jaipur
Ucchab Lal Chhanwal vs State Of Rajasthan on 5 March, 2010
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.6574/1997. Ucchab Lal Chhanwal Versus State of Rajasthan Date of Order:- March 5, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Pankaj Sharma with Shri Deepak Asopa for the petitioner. Shri B.S. Rajawat, Deputy Government Counsel. ***** BY THE COURT:-
Grievance of the petitioner in the matter is that in the senior scale of Rajasthan Police Service, he was superseded by three of his juniors whose names appeared at Sr.Nos.9, 10 and 11 of the promotion order dated 22/8/1997. All these persons are members of the Scheduled Tribe category. He relied on the judgment of this Court in Kashi Ram Vs. Sate of Rajasthan & Ors. (SBCWP No.3826/97) decided on 11/2/2010 wherein also, in similar circumstances, on account of penalty of censure, petitioner was superseded by his juniors and the writ petition was allowed while relying on the earlier judgment of this court as also number of Supreme Court judgments.
Learned counsel for the respondents opposed the writ petition by citing the Circular of the Department of the Department of Personnel dated 26/7/2006 that the penalty of censure would remain operate for one year.
It is not disputed that criteria for promotion in the present case was seniority-cum-merit in terms of Rule 27 of the Rajasthan Police Service Rules, 1954 and when this criteria, according to the decision in Kashi Ram supra and several other decisions of this court as also Supreme Court referred to therein, promotion of the petitioner could not be deferred as the seniority shall have to be given more weightage over the merit as per pronouncement of the Hon'ble Apex Court in B.V. Sivaiah and others Vs. K.Addanki Babu and others : (1998) 6 SCC 720.
In the result, writ petition is allowed. Impugned-order dated 1/12/1992 (Annexure-7) in so far as it denied promotion to the petitioner to the Senior Scale against the vacancies of the year 1996-97 is held illegal. Petitioner is held entitled to promotion to the Senior Scale against the vacancy of the year 1996-97 with all consequential benefits.
Compliance of the judgment shall be made within a period of three months from the date copy of this judgment is produced before the respondents.
anil (MOHAMMAD RAFIQ), J