JUDGMENT

M.N. Bhandari, J. - By this bunch of writ petitions, a challenge is made to the Notification dated 20.06.2001, whereby, a restriction was imposed on promotion for five recruitment years if third child take birth after 01.06.2002.

2. The facts of this case show that a child took birth after 01.06.2002 and, prior to it, petitioners were having two or more children. In one case, the wife has given birth to first child but it is out of the wedlock of husband re-married with her and the husband was having two children prior to 01.06.2002.

3. It is not in dispute that the State of Rajasthan subsequently issued a Notification on 20.11.2015 to relax the rule on the birth of a child after 01.06.2002, if it is out of re-marriage even if the employee was having two or more children prior to 01.06.2002. In view of the above, an employee of the State Government, entered into re-marriage, is made entitled for promotions even if one child took birth after 01.06.2002 even if he/she was having two or more children prior to 01.06.2002.

4. The prayer in the present writ petitions is to give retrospective effect to the Notification dated 20.11.2015. The Notification dated 20.06.2001 has also been challenged. The effect of the Notification dated 20.06.2001 would not remain if the subsequent Notification dated 20.11.2015 is applied retrospectively.

5. Shir N.M. Lodha, Advocate General, contested the challenge to the Notification dated 20.06.2001 and even the prayer for retrospective application of the Notification dated 20.11.2015. He submits that the notification dated 20.11.2015 has been given effect since 01.04.2015 thus prayer for its retrospective application may not be accepted and otherwise it would create complications. All those employees, who were denied promotion under Notification dated 20.06.2001 on account of birth to third child after 01.06.2002 on re-marriage, would seek promotion causing administrative inconvenience on consequential change in the seniority after promotion apart from financial implication. The payer is accordingly to dismiss the writ petitions. It is, however, urged that if the Notification dated 20.11.2015 is applied retrospectively, an order for promotion of the petitioners may not be passed by the Court, though a direction can be for consideration of their case for promotion ignoring the bar imposed vide notification dated 20.06.2001 for those who entered into remarriage and third child took birth after 01.06.2002. The petitioners may be given only notional benefits in case of promotion.

6. Learned counsel for the petitioners have agreed to receive notional benefits but to be given consequential benefits of seniority, promotion and further benefits, if any.

7. We have considered rival submissions of the parties and perused the record.

8. Learned counsel for the parties have given reference to two Notifications which are dated 20.06.2001 and dated 20.11.2015. The notification of 20.06.2001 imposes bar on promotion for five years if Government employee is having more than two children after 01.06.2002. It is irrespective of remarriage.

9. The relevant part of Notification dated 20.06.2001 and subsequent Notification dated 20.11.2015 are quoted hereunder:-

20.6.2001 :-

"3. Amendment: After the existing Sub Rule (i) of the Rule as mentioned in Column No. 4 against each of the service Rules as mentioned in Column No. 2 of the Schedule appended hereto, the following new sub rule shall be added namely:-

(1A) No person shall be considered for promotion for 5 recruitment years from the date on which his promotion becomes due, if he/she has more than two children on or after 1st June, 2002.

Provided that the person having more than two children shall not be deemed to be disqualified for promotion so long as the number of children he/she has on 1st June, 2002 does not increase."

20.11.2015 :-

3. Amendment.- After the existing last proviso to sub-rule (4) of rule as mentioned in column number 4 against each of the Se