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Judgment
Both the petitions since involve a common question are
being disposed of by the present common order.
Both the petitioners (Shri Girvar Singh, Head Constable
No.235, SP Office, Dholpur & Shri Kapoor Chand, Head Constable
No.1066, SP Office, Bharatpur) are members of the Rajasthan
Police Subordinate Service Rules, 1989 and were promoted on the
post of Head Constable upon the recommendations of the
Departmental Promotion Committee and after qualifying the
Promotion Cadre Course in the District vide orders dt.12.08.2014
& 08.08.2014 respectively against the vacancies of the year 2010-
11 and under the scheme of Rules, 1989 a Head Constable
becomes entitled for promotion on the post of Assistant Sub-
Inspector on possessing experience of 5 years for non-graduate
and 3 years for graduate and both the petitioners became eligible
to be considered for promotion for the vacancies of the year 2015-
16 on the basis of their respective qualification but as they were
promoted as Head Constable vide orders dt.12.08.2014 &
08.08.2014 in their respective Districts Dholpur/Bharatpur they
were not considered eligible to participate in the selection process,
to which they are otherwise entitled for.
This cannot be disputed that when they were promoted as
Head Constable against the vacancies of the year 2010-11,
indisputably, the experience has to be counted from the date of
year of vacancy against which the employees have been promoted
and in the instant case they were promoted against the vacancies
of the year 2010-11, experience of the promotional post as Head
Constable has to be counted w.e.f. 01.04.2010 for the purpose of
their promotion to the next higher post included in the Schedule
appended to the Rules, 1989 and this has been considered by the
coordinate Bench of this court as well in the batch of writ petitions
- S.B.Civil Writ Petition No.16083/2015 [Devendra Prasad & Ors.
Vs. State of Raj. & Ors.] decided vide order dt.02.02.2016. The
operative portion of the order dt.02.02.2016 reads ad infra:-
"In view of the above, all the writ petitions are allowed with the following directions :
(i)the respondents are directed to count experience as on 01st April of the year of qualifying examination for promotion and if any of the petitioners have completed the required experience as on 01st April of the year of qualifying examination, then to be held eligible for promotion. It is by taking correct interpretation of Rule 26(4) of the Rules of 1989.
(ii) If any of the petitioners are not falling in the category given above and is working in Jaipur city/Rural then taking into consideration the delay in holding promotion to the post of Head Constable or ASI, the respondents are directed to pass on the benefits to the petitioners because delay in holding DPC cannot be to the detriment of the rights of the petitioners. It is moreso when after constitution of Committee on 08th December, 2010, promotions were made throughout the State leaving Jaipur.
(iii) The delay in making promotion to the lower post should not be to the detriment of the rights of the petitioners, rather their experience would be counted without discrimination as per the decision dated 26th October, 2013.
(iv)The petitioners have already appeared in the qualifying examination held by the respondents and it has been conducted in this year, thus their result would be declared after governing their candidature by the directions given above and if anyone qualifies, then consideration of the candidature would be made for promotion to the higher post in accordance to the Rules and if they are found eligible, then would be given promotion to the higher post of ASI or SI, as the case may be."
In the light of the order passed by the coordinate Bench of
this court, the present petition deserves acceptance and the
petitioners too are entitled for considering their experience for
promotion to the post of Assistant Sub-Inspector shall be from
01.04.2010 and if considered eligible to participate in the selection
process and finally succeed in the process of selection initiated
under the Rules, 1989, appropriate orders may be passed by the
authority.
In the above terms, both the writ petitions stand disposed of.