Rajendra Kumar vs RHC and Others

The instant writ petition has been filed by retired Court Master of this Court Rajendra Kumar Purohit in which he has prayed for following reliefs:-

"i. The record of the case may kindly called for;

ii. The respondents may kindly be directed to promote the petitioner to the post of Assistant Registrar with effect from the date of his eligibility on the said post with all consequential benefits.

iii. The respondents may be directed to adhere to the Rules of 2002 in its true spirit by determining the vacancies year wise and issuing promotional orders in favour of deserving candidates.

iv. Any other appropriate order or direction which the facts and circumstances of the case demands be issued and;

v. Costs of the litigation be allowed in favour of the petitioner."

In the writ petition, it is stated by the petitioner that he was initially appointed on the post of Lower Division Clerk on 28.08.1978 in the pay-scale of Rs. 355-570/- but later on he was promoted from time to time and superannuated from service w.e.f. 31.8.2013 while working on the post of Court Master.

The grievance of the petitioner is that he was entitled to be promoted on the post of Assistant Registrar before his retirement but due to inaction on the part of the respondents, he was not considered for promotion on the post of Assistant Registrar but after his superannuation, a list was issued by the High Court on 17.1.2014 whereby persons working on the post of Court Masters who were junior to him were promoted as Assistant Registrars in the running pay band under Rule 16 of the Rules of 2002 on ad hoc basis. The petitioner preferred a representation with the prayer that a meeting of Departmental Promotion Committee has already been convened and recommendations have also been forwarded, therefore, when the process of promotion has been completed to a larger extent, therefore, resorting to Clause 16 of the Rules of 2002 whereby the officiating promotions are to be made on urgent temporary basis bears no significance. In response to his representation dated 5.3.2014, the High Court informed him that for promotion to the post of Assistant Registrar against the vacancies of earlier years shall be considered, at that time your case for promotion to the post of Assistant Registrar against the vacancies of earlier years shall also be considered.

Learned counsel for the petitioner vehemently submits that due to delay on the part of the respondents for his promotion inspite of the fact that he is within consideration zone and vacancies of Assistant Registrars were available, direction may be issued to the respondents to determine the yearwise vacancies and convene the meeting of Departmental Promotion Committee to consider his case for promotion as per his eligibility because he is suffering financial loss.

In para 5 and 6 of the reply filed by the respondent No. 1 - High Court, following assertion has been made, which reads as under:-

"5. That the petitioner submitted a representation dated 05.03.2014 and prayed for promotion as Assistant Registrar from the date of recommendation made by the Departmental Promotional Committee (DPS) against the vacancies for year 2013-14. In this regard, it is humbly submitted that at the time of process to promotion to the post of Assistant Registrar against vacancy of 2013-14, name of the petitioner was included in the zone of consideration and matter was placed before the Hon''ble Committee, constituted to consider the promotion and such other matters relating to Rajasthan High Court staff and Hon''ble Committee in its meeting held on 28.08.2013 deferred consideration for promotion to the post of Assistant Registrars/Court Officers till disposal of representations/objections submitted by certain employees.

Thereafter, the Hon''ble Committee in its meeting held on 22.11.2013 observed that promotion to the post of Assistant Registrar/Court Officers is required to be made as per the criteria of merit. As the said representations/objections have yet not been disposed of and having considered this factual position, Committee was of the view that promotion to the post of Assistant Registrar from amongst the eligible candidates be given on ad hoc basis. The Hon''ble Committee while recommending ad-hoc promotion to the post of Assistant Registrar from amongst the Court Master also resolved in its meeting dated 22.11.2013 as under-

"Suffice to mention that Shri Rajendra Kumar Purohit, whose name appears at serial No. 12 in the list of the persons coming in zone of consideration, has already been retired from service on 31.8.2013, therefore, promotion on ad hoc basis cannot be given to him. His candidature for grant of promotion, if any vacancy exists relating to the vacancy year prior to his retirement, shall be considered while making regular promotions in accordance with the Rules." 6. That in pursuance of the recommendations made by the Hon''ble Committee, vide letter dated 17.05.2014, (Annexure-11), petitioner was informed that his case for promotion to the post of Assistant Registrar against the vacancies of earlier years shall be considered at the time of considering regular promotions.

Therefore, from the above facts, it is clear that the case of the petitioner was considered by the answering respondents for promotion to the post of Assistant Registrar, but as representations/objections with regard to the promotions and other matters have yet not been disposed of, the Hon''ble Committee had recommended to grant the promotion on ad-hoc basis and as the petitioner has already been retired from service on 31.08.2013, therefore, promotion on ad-hoc basis was not possible to given to him. Further Hon''ble Committee in its recommendation had assured that petitioner''s candidature for grant of promotion, if any vacancy exists relating to the vacancy year prior to his retirement, shall be considered while making regular promotions in accordance with the Rules. Hence, no grievance, as such, has arisen to the petitioner as regular promotion on the post of Assistant Registrar is yet to be completed."

In view of above reply and Annexure-11, we are of the opinion that the case of the petitioner for promotion is pending and it is assured by the High Court that case of the petitioner for promotion to the post of Assistant Registrar will be considered against the vacancies of earlier years as and when regular promotion will be made, therefore, the instant writ petition is disposed of with the direction to the respondent No. 1 that the case of the petitioner shall be considered for promotion on the post of Assistant Registrar against the vacancies of earlier years strictly in accordance with Rajasthan High Court Staff Service Rules, 2002 within a period of three months from the date of receipt of certified copy of this order and if as per the service record and eligibility of the petitioner, it is found that he is entitled for promotion against the vacancies of particular year then consequential benefits may be granted to him by speaking order.