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2010 Supreme(Raj) 170

HIGH COURT OF RAJASTHAN
HONble MR. JUSTICE NARENDRA KUMAR JAIN honble MR. JUSTICE RAGHUVENDRA S. RATHORE
OM PRAKASH HARSH
Versus
STATE OF RAJASTHAN
D. B. CIVIL SPECIAL APPEAL NO. 612/2009
Decided On : February 5, 2010

Advocates: Namita Parihar, R.C.Joshi, S.N.KUMAWAT,

Headnote:Service Matters - Not treating the petitioner as promotes in selection scale of RAS against the vacancies for the year 1991-92 despite of the decision of the Court of law that attained finality - Held - No occasion for respondents not to have placed the petitioner accordingly - When a person is deprived of an accrued right vested in him under a statute/constitution and he successfully challenges the same in the Court of law, the legislature cannot render the said right and relief obtained nugatory by enacting retrospective legislation - Impugned order quashed and set aside. (Paras 28 to 34)

       Writ petition allowed. Appeal dismissed as in fructuous.

RATHORE, J.

( 1 ) WHILE the learned Division Bench of this Court was hearing the special appeals arising out of the order dated 09. 07. 2009 passed by the learned Single Judge in respect to promotion of R. A. S. Officers, it was suggested by the learned counsels for the parties that since the Division Bench is hearing the appeals against the interim orders, the writ petitions itself be heard and decided by it. As suggested and agreed by the counsels, a learned Division Bench of this Court, on 20. 10. 2009, directed the registry to list all such writ petitions and special appeals (SAW No. 618/2009) for final disposal. Thereafter, Hon'ble the Chief Justice, vide his order dated 17. 12. 2009, directed that hearing of the matters be done by this Court. Hence, the present writ petition is before us.

( 2 ) WRIT petition (No. 7774/2009) is directed against the Notifications dated 28. 12. 2002 (Ex. 16) and 25. 04. 2008 (Ex. 17 ). Further, the petitioner has challenged the orders dated 12. 05. 2008 (Ex. 18), 12. 05. 2008 (Ex. 19), 24. 06. 2008 (Ex. 23) and 15. 06. 2009 (Ex. 25a ). Therefore, the petitioner has prayed that the impugned notifications be struck down and the aforesaid orders be quashed and set aside. It has also been prayed that the respondent State be directed to prepare a seniority list of R. A. S. officers in selection scale and supertime scale as per judgments passed by the High Court on 02. 02. 2000 (S. B. Civil Writ Petition No. 3627/1999), 16. 03. 1999 (D. B. Civil Review Petition No. 8/1999), 19. 04. 2001 (D. B. Civil Misc. Application No. 63/2000), 30. 05. 2001 (S. B. Civil Writ Petition No. 2968/2000) and 12. 09. 2001 (D. B. Civil Special Appeal (W) No. 560/2001 ). Further, it has been prayed by the petitioner that the respondent State be directed to treat him as promotee in selection scale of R. A. S. against the vacancies of the year 1991-92.

( 3 ) THE special appeal (612/2009) has been filed against the order dated 09. 07. 2007 passed by the learned Single Judge in S. B. Civil Writ Petition No. 7774/2009, Om Prakash Harsh vs. State of Rajasthan, whereby the operation of seniority lists dated 24. 06. 2008 and 15. 06. 2009 had been stayed.

( 4 ) THE brief facts of the case are that the petitioner was appointed in Junior Scale of Rajasthan Administrative Service on the recommendations of the Rajasthan Public Service Commission w. e. f. 04. 12. 1980 and confirmed in the State Service w. e. f. 04. 02. 1984. The petitioner was given regular promotion in Senior Scale w. e. f. 21. 04. 1988.

( 5 ) IN compliance of the order of the Hon'ble Supreme Court, review D. P. C. was held for promotion to selection scale and the petitioner was promoted against the years 1993-94 on the basis of merit and placed at serial No. 12 vide order dated 23. 02. 1996 (Ex. 1 ). The petitioner had then challenged the promotion of Shri S. D. Sharma before Service Appellate Tribunal whose name appeared at serial No. 12 against the merit quota for the year 1991-92. The said appeal was decided by judgment dated 09. 09. 1997 and the State Government was directed to promote the petitioner in place of Shri S. D. Sharma, against the years 1991-92 (Ex. 2 ).

( 6 ) CONSEQUENTLY, a review D. P. C. was held and the petitioner was promoted in selection scale of R. A. S. against the year of 1991-92, vide order dated 26. 03. 1998 (Ex. 3 ). A seniority list was published on 15. 05. 1998 and the name of the petitioner appeared at serial No. 36 in the selection scale (Ex. 4), below Shri K. K. Singhal. Meanwhile, Shri Kewal Kumar Gupta and others challenged the aforesaid judgment of the learned Tribunal passed on 09. 09. 1997, by way of filing a writ Petition (No. 3627/1999) which came to be dismissed on 02. 02. 2000 (Ex. 5 ). An appeal filed by Smt. Pramila Surana before the learned Division Bench had been allowed but the petitioner was not impleaded as a party in it. Therefore, the petitioner moved a Review Petition before the learned Division Bench which came





























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