CW 5680/2000 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH [1] S.B. Civil Writ Petition No.5680/2000 Birdi Chand Versus State & Ors. [2] S.B. Civil Writ Petition No.1513/2001 Parta Ram Jat Versus State & Ors. DATE OF ORDER : 18/03/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. C.L. Saini, for petitioners Mr. Vijay Dutt, Dy.G.A. for State *** Since common question is involved in both the writ petitions, they are being decided by this common order. Both the petitioners initially joined service in the cadre of Class IV and possess qualification of “Prathama” from Hindi Sahitya Sammelan, Allahabad & Bambai Hindi Vidhyapeeth Examination. Since it was considered to be equivalent qualification at the relevant point of time, both were promoted as LDC vide orders dated 5th February, 1996/1st July, 1995. The controversy was pending in this court as to whether qualification of Prathama could be considered to be equivalent to Secondary School Examination for the purpose of promotion/appointment on the post of LDC. Full Bench of this court in Shanker Lal Verma Vs. RSEB [1999 (1) WLC-1] finally held that in view of amendment made under Rule 12(2) of the rules qualification acquired prior to 28th June, 1985 shall make candidates eligible for vacancies which have occurred upto the date but not thereafter as per the qualification certificate CW 5680/2000 [2] itself was changed. In view of judgment of Full Bench of this court, of which reference has been made supra, those who are promoted much prior to the judgment of Full Bench of this court, they were reverted by single stroke by the State Government. Petitions were filed and the Co- ordinate Bench after taking note of the submissions considered that those who are promoted prior to the judgment of Full Bench their promotion on the post of LDC could not be disturbed in the light of what has been observed in S.B. Civil Writ Petition No.1282/01, Mani Ram Joshi Vs. State, decided on 7th May, 2001 at the main seat at Jodhpur. Appeal preferred against the said judgment was dismissed by Division Bench on 25th November, 2002 and it was observed that if an incumbent was promoted on the basis of existing provisions and the law declared by this court at the relevant point of time which was holding the field. Subsequent reversal of that view on different petitions will not affect transactions which have been completed on the belief about the correctness of law as was declared by this court interpreting the relevant rules. It has been informed to this court that against the judgment of Division Bench pronounced at main seat at Jodhpur, Special Leave Petition No.6999/03 was also preferred by the Government that too has been dismissed on 22nd August, 2003. Petitioners were also promoted as LDC much prior to judgment of the Full Bench of this court and they are fully covered by the judgment of Division Bench, of which reference has been made supra. CW 5680/2000 [3] In view thereof, both the petitions stand allowed and the orders impugned dated 6th December, 2000 & 23rd March, 2001 [Ann.4] with regard to reversion from the post of LDC to cadre of Class IV qua petitioners are hereby quashed and set aside and they are entitled for consequential benefits flowing thereof. No order as to costs. [AJAY RASTOGI], J. FRBOHRA5680CW2000 18-3.doc