Murari Lal Verma vs State Of Rajasthan & Ors.

“1.

By way of this petition, petitioners challenge the notification dated 16.03.2023 issued by the Department of Personnel, whereby, while making several amendments in the service rules, the Rajasthan Various Service (Amendment) Rules, 2023 were notified. The impugned notification is reproduced as under:

“GOVERNMENT OF RAJASTHAN

DEPARTMENT OF PERSONNEL (A-Gr. II)

No.F.7(1)DOP/A-II/95/Pt. Jaipur, dated: 16.3.2023

NOTIFICATION

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Rajasthan hereby makes the following rules further to amend the Various Service Rules as mentioned in the Schedule appended hereto, namely:-

1.

Short title and commencement.- (1) These rules may be called the Rajasthan Various Service (Amendment) Rules, 2023.

(2)

They shall come into force from the date of their publication in the Official Gazette.

2.

Amendment.- (1) The existing provisos to sub-rule (3), (4) or (5), as the case may be, relating to Disqualification for appointment of person having more than two children of rule as mentioned in column number 3 against each of the service rules as mentioned in column number 2 of the Schedule appended hereto shall be substituted by the following, namely:-

"Provided that,-

(i)

the candidate having more than two children shall not be deemed to be disqualified for appointment so long as the number of children he/she has on 1st June, 2002, does not increase.

(ii)

where a candidate has only one child from earlier delivery but more than one child are born out of a single subsequent delivery, the children so born shall be deemed to be one entity while counting the total number of children.

(iii)

while counting the total number of children of a candidate, the child born from earlier delivery and having disability shall not be counted.

(iv)

any candidate who performed remarriage which is not against any law and before such the remarriage he is not disqualified for appointment under this sub-rule, he shall not be disqualified if any child is born out of single delivery from such remarriage.

(v)

the provisions of this sub-rule shall not be applicable to the appointment of a widow and divorcee women."

(2)

The existing provision of rule as mentioned in column number 4 against each of the service rules as mentioned in column number 2 of the Schedule appended hereto:-

"No person shall be considered for promotion for three recruitment years from the date on which his/her promotion becomes due, if he/she has more than two children on or after 1st June, 2002.”

shall be substituted by the following, namely:-

"The person who had not been considered for promotion upto the year 2019-2020 because he/she had more than two children on or after 1st June 2002 shall be considered for promotion from the date on which his/her promotion was due and on such promotion his/her pay shall be refixed at the pay which he/she would have drawn but no arrear shall be paid and if any person who has more than two children on or after 1st June,2002 and his promotion becomes due in the year 2020-2021 or thereafter shall be considered for promotion from the date on which his/her promotion becomes due and his/her pay shall be fixed for the promotional post, but he /she shall be entitled for annual increment notionally for three subsequent years and after such three years he/she shall be allowed actual benefits of such increments, however no arrears shall be paid for such notional increments. There shall be no consequential effect on subsequent promotions of the person promoted as per provisions of this sub-rule. The person already promoted shall not be reverted due to implementation of this sub-rule:"

SCHEDULE

S. No.	Name of Service Rules	Number of Existing rules	Number of existing rules
1	2	3	4
1.	The Rajasthan Administrative Service Rules, 1954	25B	sub-rule (4) of rule 28B
2.	The Rajasthan Police Service Rules, 1954	25C	sub-rule (4) of rule 28A
3.	The Rajasthan Accounts Service Rules, 1954	25B	sub-rule (4) of rule 28A
4.	The Rajasthan Inspectors of Registration and Stamps Service Rules, 1954	21A	sub-rule (4) of rule 24A
5.	The Rajasthan Service of Engineers (Electrical and Mechanical Branch) Rules, 1954	21A	sub-rule (4) of rule 24A
6.	The Rajasthan Service of Engineers and Research Officers (Irrigation Branch) Rules, 1954	21A	sub-rule (4) of rule 24A
7.	The Rajasthan Service of Engineers (B&R Branch) Rules, 1954	21A	sub-rule (4) of rule 24A
8.	The Rajasthan Cooperative Service Rules, 1954	21A	sub-rule (4) of rule 24B
9.	The Rajasthan Secretariat Service Rules, 1954	-	sub-rule (4) of rule 11B
10.	The Rajasthan Motor Garage Service Rules, 1958	20A	sub-rule (4) of rule 21AA
11.	The Rajasthan Labour and Welfare Service Rules, 1958	20A	sub-rule (4) of rule 23A
12.	The Rajasthan Economics and Statistical Service Rules, 1958	15B	sub-rule (4) of rule 25A
13.	The Rajasthan Service of Inspectors of Factories and Boilers and Inspector of Factories (Chemical) Rules, 1958	21A	sub-rule (4) of rule 23A
14.	The Rajasthan Jails Service Rules, 1959	20A	sub-rule (4) of rule 23A
15.	The Rajasthan State Insurance and Provident Fund Service Rules, 1959	21A	sub-rule (4) of rule 24A
16.	The Rajasthan Government Presses Service Rules, 1960	21A	sub-rule (4) of rule 25A
17.	The Rajasthan Employment Exchanges ervice Rules, 1960	20A	sub-rule (4) of rule 24A
18.	The Rajasthan Mines and Geological Service Rules, 1960	20	sub-rule (4) of rule 23A
19.	The Rajasthan Agriculture Service Rules, 1960	22A	sub-rule (4) of rule 25A
20.	The Rajasthan Industries Service Rules, 1960	20A	sub-rule (4) of rule 23A
21.	The Rajasthan Archaeology & Museums Service Rules, 1960	21A	sub-rule (4) of rule 24A
22.	The Rajasthan Horticulture Service Rules, 1962	20	sub-rule (4) of rule 23A

		(15 of 23)
23.	The Rajasthan Medical Service (Collegiate Branch) Rules, 1962		21	sub-rule (4) of rule 24A
24.	The Rajasthan Forest Service Rules, 1962		25A	sub-rule (4) of rule 31A
25.	The Rajasthan Animal Husbandry Service Rules, 1963		21	sub-rule (4) of rule 23A
26.	The Rajasthan Social Welfare Service Rules, 1963		21	sub-rule (4) of rule 24A
27.	The Rajasthan Medical and Health Service Rules, 1963		21	sub-rule (4) of rule 24A
28.	The Rajasthan Public Relations Service Rules, 1966		21	sub-rule (4) of rule 25
29.	The Rajasthan Town Planning Service Rules, 1966		21	sub-rule (4) of rule 25
30.	The Rajasthan Oriental Research Institute Service Rules, 1967		21	sub-rule (4) of rule 25
31.	The Rajasthan Excise (Preventive Officers) Service Rules, 1967		-	sub-rule (4) of rule 17
32.	The Rajasthan Service of Engineers and Allied Post (Public Health Branch) Rules, 1968		21	sub-rule (4) of rule 25
33.	The Rajasthan Ground Water Service Rules, 1969		21	sub-rule (4) of rule 25
34.	The Rajasthan Commercial Taxes Service Rules, 1971		15A	sub-rule (4) of rule 18
35.	The Rajasthan Architectural Service (P.W.D. & B & R) Rules, 1973		21	sub-rule (4) of rule 25
36.	The Rajasthan Ayurvedic, Unani, Homeopathy and Naturopathy Service Rules, 1973		21	sub-rule (4) of rule 25
37.	The Rajasthan Excise Service (General Branch) Rules, 1974		-	sub-rule (4) of rule 11A
38.	The Rajasthan Technical Training Service Rule, 1975		21	sub-rule (4) of rule 24A
39.	The Rajasthan Archives Service Rules, 1975		21	sub-rule (4) of rule 24A
40.	The Rajasthan Engineering Service (Electrical Inspectorate Branch) Rules, 1975		21	sub-rule (4) of rule 24A
41.	The Rajasthan Food and Civil Supplies Service Rules, 1976		21	sub-rule (4) of rule 23A
42.	The Rajasthan Tourism Service Rules, 1976		21	sub-rule (4) of rule 23A
43.	The Rajasthan Home Guards and Civil Defence Service Rules, 1976		21	sub-rule (4) of rule 23A
44.	The Rajasthan Prosecution Service Rules, 1978		-	sub-rule (4) of rule 9
45.	The Rajasthan Evaluation Service Rules, 1979		22	sub-rule (4) of rule 24
46.	The Rajasthan Forensic Science Service Rules, 1979		22	sub-rule (4) of rule 24
47.	The Rajasthan State Enterprises Service Rules, 1979		22	sub-rule (4) of rule 24
48.	The Rajasthan Transport Service Rules, 1979		22	sub-rule (4) of rule 24
49.	The Rajasthan Librarians and Physical Training Instructors Service (Collegiate Branch) Rules, 1980		22	sub-rule (4) of rule 24
50.	The Rajasthan District Gazatteers Service Rules, 1980		22	sub-rule (4) of rule 24
51.	The Rajasthan State Agricultural Marketing Service Rules, 1986		22	sub-rule (4) of rule 24
52.	The Rajasthan Educational Service (Collegiate Branch) Rules, 1986		21	sub-rule (4) of rule 26
53.	The Rajasthan State Institute of Public Administration Service Rules, 1990		-	sub-rule (4) of rule 9
54.	The Rajasthan Rural Development State Service Rules, 2007		24	sub-rule (4) of rule 27
55.	The Rajasthan Rural Ayurvedic, Unani, Homeopathy and Naturopathy Service Rules, 2008		19	-
56.	The Rajasthan Technical Education (Engineering)		26	sub-rule (4) of rule 29
		(16 of 23)
	Service Rules, 2010
57.	The Rajasthan Technical Education (Non-Engineering) Service Rules, 2010		25	sub-rule (4) of rule 28
58.	The Rajasthan Civil Aviation State Service Rules, 2013		26	sub-rule (4) of rule 28
59.	The Rajasthan Sanskrit (Collegiate Branch) Service Rules, 2022		27	sub-rule (4) of rule 33
60.	The Rajasthan Legal State and Subordinate Service Rules, 1981		26	sub-rule (4) of rule 28
61.	The Rajasthan idhi Rachna State and Subordinate Service Rules, 1981		26	sub-rule (4) of rule 28
62.	The Rajasthan Computer State and Subordinate Service Rules, 1992		27	sub-rule (4) of rule 30
63.	The Rajasthan Secretariat Librarian State and Subrodinate Service Rules, 1997		23	sub-rule (4) of rule 26
64.	The Rajasthan Rural Developmetn and Panchayati Raj State and Subordinate Service Rules, 1998		25	sub-rule (4) of rule 28
65.	The Rajasthan Integrated Child Development State and Subordinate Service Rules, 1998		25	sub-rule (4) of rule 28
66.	The Rajasthan Devasthan State and Subrodinate Service Rules, 2000		25	sub-rule (4) of rule 28
67.	The Rajasthan Tribal Area Development State and Subrodinate Service Rules, 2001		25	sub-rule (3)(II) of rule 28
68.	The Rajasthan Petroleum State and Subordinate Service Rules, 2012		27	sub-rule (4) of rule 30
69.	The Rajasthan Fisheries State and Subordinate Service Rules, 2012		27	sub-rule (4) of rule 30
70.	The Rajasthan Language and Library (State and Subordinate) Service Rules, 2013		27	sub-rule (4) of rule 30
71.	The Rajasthan Sanskrit Education State and Subordinate Service (School Branch) Rules, 2015		28	sub-rule (4) of rule 31
72.	The Rajasthan Excise Laboratory (State and Subordinate) Service Rules, 2015		27	sub-rule (4) of rule 30
73.	The Rajasthan Women Empowerment (State and Subordinate) Service Rules, 2017		29	sub-rule (4) of rule 32
74.	The Rajasthan Minority Affairs (State and Subordinate) Service Rules, 2017		30	sub-rule (4) of rule 33
75.	The Rajasthan Bio-fuel (State and Subordinate) Service Rules, 2019		28	sub-rule (4) of rule 31
76.	The Rajasthan Circuit Houses (State and Subordinate) Service Rules, 2019		29	sub-rule (4) of rule 32
77.	The Rajasthan Science and Technology (State and Subordinate) Service Rules, 2021		29	sub-rule (4) of rule 32
78.	The Rajasthan Educational (State and Subordinate) Service Rules, 2021		29	sub-rule (4) of rule 32
79.	The Rajasthan Subordinate Cooperative Service (Class-I) Rules, 1955		24A	sub-rule (4) of rule 27A
80.	The Rajasthan Subordinate Cooperative Service (Class-II) Rules, 1955		23A	-
81.	The Rajasthan Tehsildars Service Rules, 1956		24D	sub-rule (4) of rule 28A
82.	The Rajasthan Mines and Geological Subordinate Service Rules, 1960		21	sub-rule (4) of rule 24A
83.	The Rajasthan Subordinate Accounts Service Rules, 1963		25	sub-rule (4) of rule 28A
		(17 of 23)
84.	The Rajasthan Social Welfare Subordinate Service Rules, 1963		21	sub-rule (4) of rule 24A
85.	The Rajasthan Transport Subordinate Service Rules, 1963		21	sub-rule (4) of rule 24A
86.	The Rajasthan Horticulture Subordinate Service Rules, 1965		21	sub-rule (4) of rule 24A
87.	The Rajasthan Medical and Health Subordinate Service Rules, 1965		21	sub-rule (4) of rule 24A
88.	The Rajasthan Ayurvedic, Unani, Homoeopathy and Naturopathy Subordinate Service Rules, 1966		21	sub-rule (4) of rule 25
89.	The Rajasthan Industries Subordinate Service Rules, 1966		21	sub-rule (4) of rule 25
90.	The Rajasthan Engineering Subordinate Service (Public Health Branch) Rules, 1967		21	sub-rule (4) of rule 25
91.	The Rajasthan Engineering Subordinate Service (Irrigation Branch) Rules, 1967		21	sub-rule (4) of rule 25
92.	The Rajasthan Archives Subordinate Service Rules, 1968		21	sub-rule (4) of rule 25
93.	The Rajasthan Statistical Subordinate Service Rules, 1971		21	sub-rule (4) of rule 25
94.	The Rajasthan Governm,ent Presses Subordinate Service Rules, 1973		21	sub-rule (4) of rule 24A
95.	The Rajasthan Technical Education Subordinate Service Rules, 1973		21	sub-rule (4) of rule 24A
96.	The Rajasthan Subordinate Engineering (B & R Branch) Service Rules, 1973		21	sub-rule (4) of rule 24A
97.	The Rajasthan Ground Water Subordinate Service Rules, 1973		21	sub-rule (4) of rule 24A
98.	The Rajasthan Town Planning Subordinate Service Rules, 1974		21	sub-rule (4) of rule 24A
99.	The Rajasthan Food and Civil Supplies Subordinate Service Rules, 1974		21	sub-rule (4) of rule 24A
100.	The Rajasthan Excise Subordinate Service (General Branch) Rules, 1974		21	sub-rule (4) of rule 24A
101.	The Rajasthan Technical Training Subordinate Service Rules, 1975		21	sub-rule (4) of rule 24A
102.	The Rajasthan Commercial Taxes Subordinate Service (General Branch) Rules, 1975		21	sub-rule (4) of rule 24A
103.	The Rajasthan Public Relations Subordinate Service Rules, 1975		21	sub-rule (4) of rule 24A
104.	The Rajasthan Revenue Accounts Subordinate Service Rules, 1975		25	sub-rule (4) of rule 28A
105.	The Rajasthan Excise3 Subordinate Service (Preventive Branch) Rules, 1976		21	sub-rule (4) of rule 23A
106.	The Rajasthan State Enterprises Subordinate Service Rules, 1976		21	sub-rule (4) of rule 23A
107.	The Rajasthan Animal Husbandry Subordinate Service Rules, 1977		21	sub-rule (4) of rule 23A
108.	The Rajasthan Agriculture Subordinate Service Rules, 1978		22	sub-rule (4) of rule 24
109.	The Rajasthan Prosecution Subordinate Service Rules, 1978		17	-
110.	The Rajasthan Motor Garage Subordinate Service Rules, 1979		22	sub-rule (4) of rule 24
		(18 of 23)
111.	The Rajasthan Education Subordinate Service (Collegiate Branch) Rules, 1979		22	sub-rule (4) of rule 24
112.	The Rajasthan Forensic Science Subordinate Service Rules, 1980		22	sub-rule (4) of rule 24
113.	The Rajasthan Police Subordinate Service Rules, 1989		24	sub-rule (4) of rule 26
114.	The Rajasthan Jails Subordinate Service Rules, 1998		33	sub-rule (4) of rule 35
115.	The Rajasthan Subordinate Service (Recruitment and other Service Conditions) Rules, 2001		32	sub-rule (4) of rule 35
116.	The Rajasthan Rural Ayurvedic, Unani, Homeopathy & Naturopathy Subordinate Serivce Rules, 2008		19	sub-rule (4) of rule 29
117.	The Rajasthan Madarsa Education Assistant Subordinate Service Rules, 2013		27	-
118.	The Rajasthan Scheduled Area Subordinate Ministerial and Class IV (Recruitment and other Service Conditions) Rules, 2014		26	sub-rule (4) of rule 29
119.	The Rajasthan Vidhyalay Sahayak Subordinate Service Rules, 2015		27	-
120.	The Rajasthan Engineering Subordinate Service (Electrical Inspectorate Branch) Rules, 2020		29	-
121.	The Rajasthan Forest Subordinate Service Rules, 2015		33	sub-rule (4) of rule 37
122.	The Rajasthan Home Guards Subordinate Service Rules, 2021		31	sub-rule (4) of rule 33
123.	The Rajasthan Secretariat Ministerial Service Rules, 1970		15	sub-rule (4) of rule 26
124.	The Rajasthan Subordinate Offices Ministerial Service Rules, 1999		31	sub-rule (4) of rule 33
125.	The Rajasthan Class IV Service (Recruitment and other service Conditions) Rules, 1999		19	sub-rule (4) of rule 26

By order and in the name of the Governor, sd/-(Ram Niwas Mehta) Joint Secretary to the Government””

15.

In the facts of present case, private respondents were initially reverted on account of qualification arising from having more than two children as on or after the cut-off date. However, once the State, in its wisdom, has removed said disqualification and restored promotional benefits for all, the very foundation of their reversion ceases to exist and promotion originally awarded to them become legally justified.

Accordingly, the action of respondents in setting aside reversion orders and restoring promotions of private respondents is found to be legally justified. No sustainable objection can be raised against such restoration once the disqualifying condition itself has been deleted across the board.”

“i.

The retrospective amendment of the rules could not have been done as it seeks to create right for promotion from back date.

ii.

The notification should be declared ultra-virus having been introduced in excess of legal power of the State.

iii.

That the vested rights of consideration for promotion of the petitioners have been duly affected due to retrospective amendment dated 16.03.2023 as the earlier order of revision of the private respondents on account of having more than two children have been withdrawn giving effect to the notification dated 16.03.2023.

“(19)

Before we part with this appeal, however, it is our duty to refer to one incidental matter. We have noticed with some regret that when the earlier decision of two judges of the same High Court in Deorajin's Case, 58 Cal WN 64 : (AIR 1954 Cal 119), was cited before the learned judges who heard the present appeal they took on themselves to say that the previous decision was wrong, instead of following the usual procedure in case of difference of opinion with an earlier decision, of referring the question to a larger Bench. Judicial decorum no less than legal propriety forms the basis of judicial procedure. If one thing is more necessary in law than any other thing, it is the quality of certainty. That quality would totally disappear if judges of co-ordinate jurisdiction in a High Court start overruling one another's decisions. If one Division Bench of a High Court is unable to distinguish a previous decision of another Division Bench, and holding the view that the earlier decision is wrong, itself gives effect to that view the result would be utter confusion. The positions would be equally bad where a Judge sitting singly in the High Court is of opinion that the previous decision of another single Judge on a question of law is wrong and gives effect to that view instead of referring the matter to a larger Bench. In such a case lawyers would not know how to advise their clients and all courts subordinate to the High Court would find themselves in an embarrassing position of having to choose between dissentient judgments of their own High Court.”

“(9)

Then there is the question of the practice to be followed when there is a conflict among decisions of Benches of the same High Court. When a Bench of the High Court gives a decision on a question of law, it should in general be followed by other Benches unless they have reasons to ditter trom it, in i which case the proper course to adopt would be to refer the question for the decision of a Full Bench……..…….

(10)………...Law will be bereft of all its utility if it should be thrown into a state of uncertainty by reason of conflicting decisions, and it is therefore desirable that in case of difference of opinion, the question should be authoritatively settled. It sometimes happens that an earlier decision given by a Bench is not brought to the notice of a Bench hearing the same question and a contrary decision is given without reference to the earlier decision…………...”

“90.

We are distressed to note that despite several pronouncements on the subject, there is substantial increase in the number of cases involving violation of the basics of judicial discipline. The learned Single Judges and Benches of the High Courts refuse to follow and accept the verdict and law laid down by coordinate and even larger Benches by citing minor difference in the facts as the ground for doing so. Therefore, it has become necessary to reiterate that disrespect to the constitutional ethos and breach of discipline have grave impact on the credibility of judicial institution and encourages chance litigation. It must be remembered that predictability and certainty is an important hallmark on judicial jurisprudence developed in this country in the last six decades and increase in the frequency of conflicting judgments of the superior judiciary will do incalculable harm to the system inasmuch as the courts at the grass roots will not be able to decide as to which of the judgments lay down the correct law and which one should be followed.

91.

We may add that in our constitutional set-up every citizen is under a duty to abide by the Constitution and respect its ideals and institutions. Those who have been entrusted with the task of administering the system and operating various constituents of the State and who take oath to act in accordance with the Constitution and uphold the same, have to set an example by exhibiting total commitment to the constitutional ideals. This principle is required to be observed with greater rigour by the members of judicial fraternity who have been bestowed with the power to adjudicate upon important constitutional and legal issues and protect and preserve rights of the individuals and society as a whole. Discipline is sine qua non for effective and efficient functioning of the judicial system. If the courts command others to act in accordance with the provisions of the Constitution and rule of law, it is not possible to countenance violation of the constitutional principle by those who are required to lay down the law.”