State of Rajasthan and Others vs Dhanraj Sharma and Another

Govind Mathur, J.—By this petition for writ, a challenge is given to order dated 23.1.2008 (Annex.4) passed by Rajasthan Civil Services Appellate Tribunal, Jaipur.

The factual matrix necessary to be noticed is that the Petitioner, a Patwari with the Respondents was granted second selection grade w.e.f. 25.1.1995 and then third selection grade, however, the second selection grade granted w.e.f. 25.1.1995 was deferred upto 1.5.1998 as the government servant was having certain adverse remarks in his ACRs and he also suffered with a penalty of censure.

The learned Tribunal declared the deferment of second selection grade illegal on the count that as per the circulars issued by Government of Rajasthan for the grant of selection grades, the criteria for promotion is required to be adhered while making such consideration and the criteria for promotion from the post of Patwari to the next higher post i.e. Revenue Inspector is senioritycum-merit. Under the criteria of seniority-cum-merit the record of government servant can certainly be examined, however, while doing so a preference to seniority is required to be given and the merit under the criteria referred above is the minimum merit for holding the post concerned.

The Petitioner utterly failed to satisfy the Tribunal as to how the adverse remarks and the penalty of censure effected the minimum merit of the Respondent government servant to hold the promotional post. Before this Court too nothing is said as to how the adverse remark and the penalty of censure effected the merit of the Petitioner to the extent of depriving him selection grade for a period of three years. In such circumstance, the order impugned do not suffer from any error that may warrant interference of this Court while exercising powers under Article 226 and 227 of the Constitution of India. The petition for writ is dismissed accordingly.