1 S.B. CIVIL WRIT PETITION NO.2719/2005 (Shankar Lal Vs. State of Rajasthan & Anr.) Date of Order :: 20.05.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.R.K. Mehta, for the petitioner. Mr.Rameshwar Dave, Dy. Govt. Counsel. By way of filing present writ petition, the petitioner has prayed for direction to the respondents to give promotion to the petitioner from the year 1993-94 when his junior Narain Singh etc. were accorded promotion. Further it is prayed that the respondents be called and asked for not complying with the order of Hon'ble High Court dated 09th January, 2002. The petitioner was appointed after due selection through Rajasthan Public Service Commission on the post of Executive Officer, Class IV category in the Municipal Board vide order dated 06th February, 1980 on probation for two years. Latter on after completion of probation period his services were confirmed on the said post w.e.f. 12th February, 1982 vide order dated 17th April, 1990. The case of the petitioner was considered for promotion to the post of Executive Officer Gr.III against the vacancies of the year 1985 and he was accorded promotion on the post of Executive Officer Gr.III by the respondent department. As per petitioner, he was also entitled for promotion on the post of Executive Officer Class II against the vacancies of the year 1990 onwards and for that purpose his 2 case was to be considered by the Departmental Promotion Committee. But his case was not considered, therefore, earlier a writ petition was filed by the petitioner before this Court and the same was registered as S.B. Civil Writ Petition No.1988/1992. The said writ petition was finally decided on 09th January, 2002 in which following directions were given by the learned Single Judge of this Court that :- “As for the said relief, the respondents may consider the case of the petitioner strictly in accordance with law, the petition stands disposed of finally with direction to the respondents that in case enquiry etc. are pending against the petitioner in respect of the incident or charge sheet had been issued prior to the date on which he is entitled to be considered for promotion, the sealed cover procedure shall be adopted and if it (Enquiry etc.) is of the subsequent date, it may not be taken into consideration. The exercise may be under-taken by the respondents expeditiously within a period of three months from the date of filing a certified copy of this order before the competent authority. There shall be no order as to costs.” The case of the petitioner is that although the above directions were issued by this Court for considering the candidature of the petitioner for promotion and after considering his case due to pendency of enquiry, the respondents were under an obligation to keep result in the sealed cover, but respondents did not comply the direction issued by this Court for the said purpose. As per petitioner although above order was passed on 09th January, 2002 still his case for promotion to the post of Executive Officer in category II of Municipal Board have not been considered and his junior persons were already, therefore, 3 direction may be issued to the respondents for considering his candidature for promotion to the post of Executive Officer Gr.II. In the reply to the writ petition, it is submitted by the respondents that due to pendency of number of enquiries against the petitioner, so also, penalties imposed upon the petitioner, he was not found eligible for promotion. The chart Annexure-R/1 showing the penalties imposed against the petitioner and pendency of the enquiries has been placed on record along with reply. Learned Dy. Govt. Counsel while inviting attention of this Court towards Annexure-R/1 submits that as per direction of this Court issued on 09th January, 2002, petitioner's case for promotion to the post of Executive Officer Gr.II was considered in its meeting dated 26th December, 2001 for the vacancies of the years 1998-99, 1999-2000, 2000-2001 and 2001-2002 but petitioner was not found suitable for promotion on the post of Executive Officer, Class-II on the basis of his service record. In para 8 of the reply, it is specifically stated by the respondents that the penalty of with-holding annual increments were inflicted against the petitioner, therefore, he was not found eligible for promotion to the post of Executive Officer Gr.II and case of the petitioner was properly considered by the Departmental Promotion Committee in accordance with law. After hearing learned counsel for the parties and perusing the entire record of the case, I am of the opinion that in pursuance of direction issued by this Court in earlier petition on 09th January, 2002 the candidature of the petitioner was considered for promotion but due to penalties inflicted against 4 him and upon consideration of service record, he was not found suitable for promotion to the post of Executive Officer Gr.II against the vacancies up to 2001-2002, therefore, for the vacancies up to 2001-2002 for promotion no case is made out, therefore, petitioner's prayer for promotion up to the year 2001- 2002 to the post of Executive Officer Gr.II is rejected. But obviously, respondents are under an obligation to consider his case for promotion against the vacancies for subsequent year. Therefore, while dismissing this writ petition, it is held that petitioner's candidature was rightly considered for promotion up to the vacancies of the year 2001-2002 and was rightly denied promotion because number of penalties were imposed against him which is evident from the chart Annexure-R/1. However, if any appeal is filed against these penalties and petitioner is exonerated from the charges in subsequent year then petitioner is at liberty to file representation for reconsideration of his candidature. With these observations, the writ petition is dismissed. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/- A.K. Chouhan/-