D.B. Civil Special Appeal (W) No.373/2000 in S.B. Civil Writ Petition No.4025/88 (K.L. Meena Vs. State of Rajasthan & Ors.) Date:24/03/2009 HON'BLE Mr. JUSTICE ASHOK PARIHAR HON'BLE Mr. JUSTICE G.S. SARRAF Mr. Vinod Goyal for Mr. Virendra Lodha, for appellant. Mr. S.N. Kumawat, AAG, for respondent State. BY THE COURT: The dispute is in regard to promotion to the Jr. Scale RAS from Rajasthan Tehsildar Service for the year 1981. The present appellant alongwith some of the other officers from the Rajasthan Tehsildar Service cadre were promoted to the Jr. Scale RAS vide order dated 14.3.1984. The promotion order for the year 1981 came to be challenged by some of the affected persons before the Rajasthan Civil Services Appellate Tribunal, Jaipur. The Tribunal while relying on the circular issued by the State Government on 18.10.1976, set aside the impugned promotions holding that at the relevant time as per the circular dated 18.10.1976 since the direct recruitment was more than 66.66%, there could be no reservation so far as promotion quota is concerned. Admittedly, the appellants and the other employees were given promotion against the reserved quota for the relevant year. While setting aside the promotions, the Tribunal directed the respondent-Department to hold a review DPC for the year in question in accordance with law. Challenging the common judgment dated 25.4.1986 passed by the Tribunal, the writ petitions were filed before this court also challenging the circular dated 18.10.1976. The learned Single Judge vide order dated 6.7.1999 dismissed the writ petitions on the ground of delay and latches so far as challenge to the circular dated 18.10.1976 is concerned. Hence, the present appeal. 2. Learned counsel for the appellant submitted that subsequently, the criteria of 66.66% was changed to 75% vide circular dated 26.10.1990. However, the same is not relevant at this stage so far as promotions at the relevant year are concerned. It has also been submitted that the judgment of the Tribunal dated 25.4.1986 in case of one of the appellants before the Tribunal, namely Noor Mohd. has already been upheld by the Supreme Court and after decision of the Supreme Court, necessary exercise has already been made by the Department so far as promotion to the relevant year is concerned. Apart from the judgment of the Tribunal in the same matter already having been upheld by the Supreme Court, even otherwise, so far as validity of circular dated 18.10.1976 is concerned since after due consideration proper discretion has already been used by the learned Single Judge, we find no ground for any further interference. The special appeal is dismissed accordingly as having no merits. (G.S. Sarraf) J. (Ashok Parihar) J.