CWP 2151/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.2151/2007 Amar Singh Versus State & Anr. Date of Order ::: 15/09/08 Hon'ble Mr. Justice Ajay Rastogi Mr. RN Mathur, for petitioner Mr. Alladin, Dy. Govt. Counsel, for respondent State Instant petition has been filed with the grievance that despite petitioner being eligible for promotion to the post of Dy. Director (Agriculture) against vacancy of year 2006-07, which was deferred without reasonable justification causing prejudice to him. Petitioner is a member of Scheduled Caste category and was promoted as Assistant Director, Agriculture (Extension) and seniority list was published on 01/10/06, his name finds placed at S.No.12 and became eligible for further promotion to the post of Dy. Director, Agriculture against vacancy year of 2006-07 but initially when departmental promotion committee (“DPC”) convened on 14/08/06, vacancy was kept reserved for petitioner (SC category) and his consideration was deferred on the premise that his annual performance appraisal reports (“APAR”) of the years having fallen within zone of consideration (2004-05 & 2005-06) were not made available. CWP 2151/07 //2// However, review DPC met on 25/01/07, it was again observed that since APARs of petitioner were not available, his consideration stood further deferred as is evident from Schedule B placed on record. Letter dt.04/12/06 (Ann.2) sent to the petitioner communicates that his consideration was deferred because of non-availability of his APAR of 2004-05 & 2005-06 but these APARs have been made available, so will be considered in next review DPC which met on 25/01/07 but still his consideration was deferred on the same premise as earlier. Petitioner has come out with specific plea that he had submitted his APAR of year 2004-05 & 2005-06 to reporting officer as is evident from Ann.5 dt.04/07/06; it is clear that reporting officer has also sent his APAR to concerned authority after endorsing his performance report and if petitioner's APARs were not available it was duty of the department to update their record and taken note of when they were holding review DPC on 25/01/07; denial of consideration on the alleged premise, which is beyond his control, certainly violates his right of fair consideration under the scheme of Rules. Respondents have filed reply to writ CWP 2151/07 //3// petition but has made self same averment that since APARs were not available; as such could not be considered. However, it appears to be factually incorrect for the reason that much before holding review DPC on 25/01/07, as petitioner was informed vide letter dt.04/12/06 (Ann.2) that his APARs of 2004-05 & 2005-06 were made available and his candidature would be considered in review DPC, and it goes without saying that once APARs & record was available asper letter dt.04/12/06 respondents were under obligation to consider his candidature for promotion against vacancy of 2006-07 when review DPC met on 25/01/07 – failure to do so and denial of his consideration is in clear breach of principles of natural justice. Consequently, writ petition succeeds and is hereby allowed. Respondents are directed to consider candidature of petitioner for promotion to the post of Dy. Director, Agriculture (Ext) against vacancy year 2006-07 on substantive basis in accordance with Rajasthan Agriculture Service Rules, 1960 after holding review DPC and necessary order in compliance whereof, be passed within three months. No order as to costs. (Ajay Rastogi), J. K.Khatri/p3/2151CW07-1509.doc