IMPORTANT POINT
The main legal principle established in the judgment is the importance of parity in promotions and the application of Rule 35 of the Rules of 1962 to allow for relaxation of rules in exceptional cases.

JUDGMENT :

1. The factual matrix of the case is that the petitioner was appointed as Assistant Professor (Lecturer) Ophthalmology vide order dated 22.01.1998 after due process of regular selection and the recommendations made by the Rajasthan Public Service Commission (for short ‘the RPSC’). In pursuance to the appointment order, the petitioner joined the duty on 14.02.1998.

The petitioner was extended the benefit of first career progression on completion of ten years of service as an Assistant Professor w.e.f. 14.02.2008.

Vide order dated 29.10.2009, the petitioner was accorded promotion to the post of Associate Professor and joined on the said post on the very same day

On a request made by the petitioner for voluntary retirement under Rule 50(1) of the Rajasthan Civil Service (Pension) Rules 1996 (for short ‘the Rules of 1996’), the same was accepted by the respondent and the petitioner was voluntarily retired from the service vide order dated 30.10.2013 w.e.f. 01.11.2013.

2. During the period when the petitioner was in service of the respondent, a Notification dated 06.01.2012 was issued by the Government of Rajasthan, Department of Personnel, whereby new provisions i.e. Rules 24B and 24BB were added in the Rajasthan Medical Service (Collegiate Branch) Rules, 1962 (for short ‘the Rules of 1962’).

3. As per the newly added provisions, the Associate Professor was made eligible and entitled for promotion as Professor on completion of four years of regular service as an Associate Professor as given in the table incorporated in Rule 24B of the Rules of 1962.

4. After inserting the new provisions i.e. Rules 24B and 24BB in the Rules of 1962, the respondent has issued an order dated 14.06.2013 whereby certain Associate Professors were promoted to the posts of Professors in view of the provisions of Rule 24B of the Rules of 1962 and on the basis of recommendations of the Selection Committee constituted under sub-Rule 5 of Rule 24BB of the Rules of 1962.

5. Ms. Anita Aggarwal, counsel appearing for the petitioner submitted that the petitioner was promoted to the post of Associate Professor vide order dated 29.10.2009 and on completion of four years of service as an Associate Professor, he is entitled for promotion to the post of Professor in view of newly added provisions of Rule 24B with Rule 24BB of the Rules of 1962. Counsel further submitted that the respondent has allowed promotions to other persons including one Dr. Nagendra Singh Shekhawat on completion of his four years service as an Associate Professor vide order dated 14.06.2013. The action of the respondent in not allowing the promotion to the petitioner on the post of Professor on completion of his four years service as an Associate Professor is contrary to the Rules as well as violative of Article 14 of the Constitution of India.

6. Counsel appearing for the petitioner also submitted that in view of sub-rule 4 of Rule 24BB of the Rules of 1962, if there is no vacancy for granting DACP available, the post held by the candidate shall be converted on the post on which the candidate is to be promoted till he/she will hold that post. Counsel further submitted that in view of the aforesaid provision even in case there is no vacancy available, the petitioner was entitled for promotion on completion of four years of service as an Associate Professor by converting the post being hold by the petitioner into the post on which he is to be promoted.

7. Dr. V.B. Sharma learned AAG assisted by Ms. Malti and Ms. Kratima Divakar- AGCs submitted that as per the provisions of the Rule 24BB of the Rules of 1962, the respondent shall have to prepare a list of the members of the service who are eligible for DACP in the year on 1st April of every year. He further submitted that in view of the said provision, the eligibility of a person for promotion to the higher post is to be taken into considerat