1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.7178/2006 (Kumbh Singh Vs. State of Raj. & Anr.) Date of order : 18.7.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Parwat Singh Rathore, for the petitioner. Mr. Shyam Ladrecha, Govt. Counsel. Heard learned counsel for the parties. In this writ petition, the petitioner is seeking directions to the respondents to include his name in the seniority list of Teacher Grade-III, so also in the seniority of Teacher Grade-II of the Jaisalmer District while confirming the services of the petitioner by holding meeting of D.P.C. to promote the petitioner for the vacancies of year 1981-82 onwards after determination of vacancies. It is also prayed that the respondents may be directed to grant selection scale on completion of requisite period of service under the Rules. The case of the petitioner is that he was 2 initially appointed as Teacher Grade-III vide order dated 2.9.1978 after following the due procedure of law by the District Education Officer, Pali, thereafter his services were transferred to Jaisalmer in pursuance of order passed by Directorate of Education Department vide order dated 14.7.1980. the matter with regard to seniority was also forwarded by the District Education Officer, Pali to Jaisalmer vide order dated 15.10.180 The petitioner was eligible for promotion on the post of Teacher Grade II and was within consideration zone but vacancies were not determined and no promotions were accorded on regular basis, therefore, the District Education Officer, Jaisalmer passed an order for promoting the petitioner purely on temporary basis on the post of Teacher Grade-II vide order dated 31.7.1981 Annexure-4. The case of the petitioner is that he is working on the post of Teacher Grade-II since 1981 but he was later on again transferred to District Pali in the year 1988 when he was working on temporary basis on the post of Teacher Grade-II, therefore, his legitimate right of consideration for regular promotion on the post of Teacher Grade-II was not considered by the D.P.C. at Jaisalmer, so also, many persons junior to the petitioner were promoted on the post of Teacher Grade-II in Jaisalmer District substantively as per rules but the petitioner is still working on temporary/adhoc basis therefore, the 3 petitioner is seeking directions to the respondents that his name may be included in the seniority list of Teacher Grade-III in the Jaisalmer District and accord him regular promotion while considering his candidature as per seniority and for that purpose, the respondents may be directed to determine year-wise vacancies and take final decision through D.P.C. for promoting the petitioner against the vacancies of particular year in which he became eligible. As per the reply of the respondents, admittedly the petitioner was promoted on adhoc basis but later on he was transferred to Pali District, hence, his case was not considered by the D.P.C. for regular promotion on the post of Teacher Grade-II at Jaisalmer. It is further submitted that as per the seniority list of the year 1981, the name of the petitioner is at Sl. No. 291-A and the persons who stand upto at Sl. No.376 were promoted against the vacancies of the year 1994-95 and the petitioner's case was not considered because the petitioner was not posted in Jaisalmer District because he was transferred to Pali District vide order Annexure-5. Meaning thereby, the respondents are admitting that the persons junior to the petitioner were promoted while considering their case by the D.P.C. but the petitioner's candidature was not considered for promotion to the post of Teacher Grade-II because he was transferred from Jaisalmer District to Pali 4 District. Meaning thereby, the case of petitioner was not considered by the D.P.C. because at the time of considering the matter of promotion as per seniority, the candidature of the petitioner for regular promotion was not considered on the ground that at the relevant time, petitioner was not working in the Jaisalmer District, therefore, the persons junior to him were promoted. In my opinion, once the petitioner was transferred permanently as Teacher Grade-III in the Education Department of Jaisalmer District then his seniority was to be maintained at Jaisalmer District itself but merely on the ground that the petitioner was transferred in the Pali District while working on temporary basis, his candidature was not considered by the D.P.C., so also, persons junior to him were promoted and granted regular promotion. Meaning thereby, the petitioner is very much entitled to be considered for promotion in accordance with his seniority of Jaisalmer District in the cadre of Teacher Grade-III. In this view of the matter, I deem it just and proper to direct the respondents to consider the case of the petitioner for regular promotion on the post of Teacher Grade-II in the Jaisalmer District itself where he was transferred permanently by the orders of Directorate of Education, Bikaner and if any 5 persons junior to him were granted promotion, then the case of the petitioner may also be considered for promotion on the post of Teacher Grade-II on regular basis as per his seniority and if petitioner found suitable after adjudging his suitability by the DPC then he may be accorded benefit of regular promotion from the date when person junior to him was granted promotion on regular basis. It is also made clear that the petitioner is working on urgent temporary basis since 1981-82 without any interruption, therefore, as per para 53 of the judgment rendered by Hon'ble Supreme Court in case of Secretary, State of Karnataka vs. Uma Devi reported in (2006) 4 SCC 1, the petitioner is entitled to be considered for granting permanent status in accordance with the rules on promotional post which is Teacher Grade-II. In this view of the matter, this writ petition is allowed. The respondents are directed to consider the case of the petitioner for regular promotion and confirmation on the post of Teacher Grade-II while holding meeting of D.P.C. for the year in which the candidates junior to the petitioner were considered for promotion on the post of Teacher Grade- II. This exercise shall be completed within a period of six months from the date of receipt of certified copy of this order. If the petitioner is found 6 suitable as per his seniority then he may be accorded regular promotion on the post of Teacher Grade-II with all benefits from the date the persons junior to him were granted promotion. No order as to cost. (GOPAL KRISHAN VYAS), J. arun