IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.4619/1997. Shiv Karan Napit Versus State of Rajasthan & Ors. Date of Order:- February 3, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Manoj Saini for the petitioner. Shri Ganesh Meena, Government Counsel. ***** BY THE COURT:-
This writ petition has been filed by the petitioner way back in 1997 with the prayer that respondents be directed to promote him on the post of LDC w.e.f. the date Mohan Singh was so promoted.
Learned counsel for the petitioner has argued that petitioner was appointed as Class-IV employee with the respondents and was working in the office of District Education Officer Karauli. Seniority list of Class-IV employees was published by respondent No.3 on 19/10/1991, in which, name of the petitioner appeared at Sr.No.58 with the date of his appointment as 6/5/1978 whereas name of Mohan Singh appears at Sr.No.117 in the same seniority list with the date of his appointment as 19/12/1979. petitioner acquired school qualification in 1969 whereas Mohan Singh acquired in 1982. Mohan Singh however was promoted by the respondents vide order dated 22/2/1996. Petitioner immediately submitted his representation and objected his supersession. Deputy Director (Boys) Karauli vide order dated 8/7/1996 directed the District Education Officer Karauli to examine the matter and redress the grievance of the petitioner. When nothing was done, he served upon the respondents notice for demand of justice and thereafter filed this writ petition.
Learned counsel for the respondents has opposed the writ petition and submitted that petitioner has since been promoted on the post of LDC vide order dated 28/1/2004 and therefore writ petition should be dismissed.
Having heard learned counsel for the parties and perusing the material available on record, I find that respondents in reply to the writ petition have not disputed the fact that petitioner is senior to Mohan Singh. Pleadings in paras 3 and 4 of the writ petition have also not been disputed that the petitioner was appointed much earlier than Mohan Singh and he obtained secondary school examination in the year 1969 much before Shri Mohan singh who obtained the said qualification in 1982. Even though the promotion order dated 22/2/1996 contains stipulation that if any senior person than Mohan Singh is found to have been ignored, he can be reverted at any time but the respondents in their reply to writ petition have not pleaded that Mohan Singh was ever reverted or petitioner was promoted in his place. On the contrary, petitioner was promoted much belatedly on 28/1/2004. The writ petition therefore deserves to be allowed.
In the result, writ petition is allowed. Respondents are directed to grant promotion to the petitioner w.e.f. 22/2/1996, the date, on which, his junior Mohan Singh was promoted with all consequential benefits.
Compliance of the judgment shall be made within a period of three months from the date copy of judgment is produced before the respondents.
anil (MOHAMMAD RAFIQ), J.