Rajasthan High Court - Jaipur
Aslam And Ors vs Raj. S.C./S.T.Financial Devlopment on 5 December, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3121/1996
1. Aslam son of Shamsujjma, aged about 29 years, presently
working as IV class employee, Rajasthan SC/ST Financial &
Development Cooperative Corporation, Nehru Sahkar Bhawan,
Jaipur.
2. Bapur Lal Meena son of Shri Chunnilal Meena, aged about 29
years, presently working as IV class employee, Rajasthan SC/ST
Financial & Development Cooperative Corporation, Nehru Sahkar
Bhawan, Jaipur.
3. Kailash Singh Chouhan son of Shri Bhanwar Lal, aged about
31 years, presently working as Rajasthan SC/ST Financial &
Development Cooperative Corporation, Nehru Sahkar Bhawan,
Jaipur.
4. Hari Krishna Sharma son of Shri Jaikaran Sharma, aged
about 33 years, presently working as class IV employee,
Rajasthan SC/ST Financial & Development Cooperative
Corporation, Nehru Sahkar Bhawan, Alwar.
5. Jagdish Mali son of Shri Bhanwar Lal Mali, aged about 42
years, presently working as Rajasthan SC/ST Financial &
Development Cooperative Corporation, Nehru Sahkar Bhawan,
Tonk.
....Petitioners
Versus
1. Rajasthan SC/ST Financial & Development Cooperative
Corporation Ltd. through its General manager, Nehru Sahkar
Bhawan, Bhawani Singh Road, Jaipur.
2. Jagdish Bairwa, presently posted in the office of Project
Manager, in the office of D.R.D.A., Collectorate Campus, Jaipur.
.......Respondents
For Petitioner(s) : None present For Respondent(s) : Mr. Hari Bareth
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA (D.B. SAW/336/2020 has been filed in this matter. Please refer the same for further orders) (Downloaded on 07/06/2021 at 06:09:05 AM) (2 of 3) [CW-3121/1996] Order 05/12/2019 No one appears on behalf of the petitioners. Matter has been taken up in hearing category as the same is pending before this Court since 1996.
The petitioners, by way of this writ petition, have prayed for quashing of promotion to the respondent No.2 on the post of LDC from Class-IV Employee. The basis for filing this writ petition is that the petitioners are senior to the respondent No.2 and therefore, he could not be promoted over and above them. The petitioners submitted that there were three posts available for promotion for Class-IV Employee and the petitioners therefore were required to be promoted over and above the respondent No.2.
Reply has been filed on behalf of the respondent No.1 wherein it has been stated that promotion has been given to the respondent No.2 as per the roster and circular dated 28.5.1985, which was existing at that relevant time granting 40% roster. The reply has also been filed on behalf of the respondent No.2 and it has been pointed out therein that as per roster, 7 th post would fall for the SC candidate. The respondent No.2 being the candidate from SC Category, the zone of consideration was required to be extended to the respondent No.2 for promotion as per roster modal.
I have considered the submissions made in the replies and the writ petition and find that as per the then existing rules governing promotion to the post of LDC, 15% posts were to be filled by way of promotion from Class-IV Employee under the Rajasthan Ministerial Staff Service Rules, 1957. Since 3 posts were (D.B. SAW/336/2020 has been filed in this matter. Please refer the same for further orders) (Downloaded on 07/06/2021 at 06:09:05 AM) (3 of 3) [CW-3121/1996] available for promotion out of 18 posts sanctioned between 1.4.1991 to 1.4.1994, the roster would continue. Accordingly, Serial Nos.5, 6 and 7 of the roster model would apply. At Serial Nos.5 and 6, general candidates would be promoted while at Serial No.7, SC candidate would have right of consideration. Since the respondent No.2 is from SC Category, therefore, he would be considered though he may be junior in the seniority list.
In view thereof, the promotions orders passed by the respondent No.1 do not warrant any interference. The writ petition is found to be devoid of merit and the same is accordingly dismissed.
No costs.
(SANJEEV PRAKASH SHARMA),J SUNIL SOLANKI /19 (D.B. SAW/336/2020 has been filed in this matter. Please refer the same for further orders) (Downloaded on 07/06/2021 at 06:09:05 AM) Powered by TCPDF (www.tcpdf.org)