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2009 Supreme(Raj) 364

[Citation : 2009(1) RLW 713 (Raj.)]
(Rajasthan High Court)
Jaipur Bench
Ajay Singh Vs. State of Rajasthan & Ors. (Rathore, J.)
HONBLE K.S. RATHORE, J.
Ajay Singh
Versus
State of Rajasthan & Ors.
S.B. Civil Writ Petition Nos. 4866 of 2008, 3355 of 2004 and 1742 of 2008,
decided on 04.03.2009

Advocates Appeared
G.K. Garg with Ms. Anita Agarwal, Advocates, for Petitioners;
S.N. Kumawat, Addl. Advocate General, for State;
Ashok Gaur, A.K. Bhandari, Sr. Advocate and Virendra Lodha, Advocates, for Respondents;
Sanjay Pareek, Advocate, for Respondent UPSC

Headnote:Rajasthan Administrative Services Rules, 1954, Rule 28-B and Rule 28-B(11) — Permotion on the basis of merit — Officers with "Outstanding" or consistently "Very Good" record shall only be selected — Petitioner placed below the reserved category candidate — Held — Respondents are directed to show the names of merit promotees for the year 1991-92 over and above the reserved category candidates as shown in the seniority-list issued by respondents as per the decision of the Division Bench dated 12.09.2001. (Paras 86 to 88)

       Writ petition allowed.

        jktLFkku izkklfud lsok fu;e] 1954] fu;e 28-[k ,oa fu;e 28-[k¼11½ & ofj;rk ds vk/kkj ij inksUufr & ^^mR—"V** ;k yxkrkj ^^cgqr vPNk** vfHkys[k okyk vf/kdkjh gh p;fur gksxk & izkFkhZ dks vkjf{kr Js.kh ds vH;FkhZ ds uhps j[kk & vfHkfu/kkZfjr & [k.MihB ds fu.kZ; fnukad 12-9-2001 ds vuqlkj izR;FkhZx.k }kjk tkjh ofj"Brk lwph esa nkkZ;s x;s vkjf{kr Js.kh ds vH;fFkZ;ksa ds Åij o"kZ 1991-92 ds ofj;rk ij inksUufr ds uke nkkZus gsrq izR;FkhZx.k dks funsZk fn;sA ¼in la- 86 ls 88½

       fjV ;kfpdk Lohdkj dhA

       .

Honble RATHORE, J.—Since all these writ petitions are similar in nature, therefore, the same are being decided by this common order.

2. In S.B. Civil Writ Petition No. 3355/2004- Hanuman Singh Bhati & Ors. vs. State of Rajasthan & Ors., the petitioners have prayed for following reliefs:-

“(i) by an appropriate writ, order or direction, the impugned seniority list dated 4.5.2004 (Annexure-12 & 13) as on 1.4.1993 and 1.4.1994 may kindly be quashed and set aside.

(ii) by further appropriate writ, order or direction, the respondents be directed to hold the review board only after the seniority list of RAS officers is finalised as per the directions of this Honble Court given vide orders dated 30.5.2001 and 12.9.2001 and only after it has been made public.

(iii) by further appropriate writ, order or direction, the respondents be directed to convene the regular board for promotion from RAS to IAS from years 1995-96 and onwards simultaneously holding the review board for the years 1993-94 and 1994- 95.

(iv) Or any other prejudicial order, if passed during the pendency of the writ petition, against the rights and interest of the petitioners, the same may kindly be taken on record and be also quashed and set aside.

(v) Or any other appropriate relief may kindly be granted to the petitioners which this Honble Court may deem fit and proper in the facts and circumstances of the present case.

(vi) The cost of the litigation may kindly be awarded to the petitioners.”

3. In another writ petition i.e. S.B. Civil Writ Petition No. 1742/2008- Ajay Singh vs. State of Rajasthan & Ors., the petitioner has prayed for following reliefs:-

“(i) by an appropriate writ, order or direction, the respondents be directed to include the name of the merit promotees (1991-92) including the petitioner in the list to be sent to UPSC for convening IAS Board (1996-97 to 2007-08) over and above the reserved categories candidates as had been shown in the seniority list issued by the respondents on 26.6.2000 as per the decision of the Honble Division Bench dated 12.9.2001 following the decision of the Honble Apex Court in SLP No. 1078-1081/2005 (case of Shivnath Prasad). In the alternative if the names are not sent as mentioned above, then the respondents be directed not to convene the IAS Board till the seniority lists are prepared finally in the light of the decision dated 12.9.2001 passed by the Honble Division Bench following the decision of the Honble Apex Court in Shivnath Prasad case.

(ii) Or any other appropriate order or direction, which this Honble Court deem fit and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioner.

(iii) The cost of the litigation may kindly be allowed to the petitioner.”

4. In yet another writ petition i.e. S.B. Civil Writ Petition No. 4866/2008- Ajay Singh vs. State of Rajasthan & Ors., the petitioner is seeking following reliefs:-

“(i) By an appropriate writ, order or direction the impugned order dated 12.5.2008 (Annexure-2) issued by the Deputy Secretary to Government, Department of Personnel (A-4) Government of Rajasthan, Secretariat, Jaipur may kindly be quashed and set aside.

(iA) by further appropriate writ, order or direction, the impugned final seniority list dated 24.6.2008 (Annexure-3), issued by the Department of Personnel, Government of Rajasthan, Jaipur may kindly be quashed and set aside.

(ii) By an appropriate writ, order or direction, the respondents be directed to include the name of the petitioner in the list to be sent to UPSC for convening IAS Board (1996-97 to 2007-08) over and above the reserve categories candidates as had been shown in the seniority list issued by the respondents on 23.2.1996 and as per the decision of the Honble Division Bench dated 12.9.2001.

(iii) Or any other appropriate order or direction, which this Honble Court deem fit and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioner.

(iv) The cost of th














































































































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