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Ram Chandra Vs. State of Rajasthan and ors. - Court Judgment

LegalCrystal Citation
SubjectService
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Writ Petition No. 17 of 1969
Judge
Reported in1975WLN(UC)30
AppellantRam Chandra
RespondentState of Rajasthan and ors.
DispositionPetition allowed
Cases ReferredState v. Ramchander
Excerpt:
.....against his seniority in 'b' group the standing integration committee constituted under appointment department order no f. this shall include his consideration to higher post, as well the government shall convene the departmental promotion committee within a period of six months from today and then dispose of the matter according to the above directions......promotion of r.p.s. against 1951 55 year quota would be considered on the recommendations of the departmental promotion committee in due course. this is what the petitioner's case for promotion was influenced by a penalty of censure imposed on him by government order dated 20.10.57. shri ramchander had filed a suit for challenging this order in the court of the senior civil judge no. 2, jodhpur the learned senior civil judge no. 2 jodhpur had declared the government order to be illegal and of no effect. to give effect to the judgment of the learned senior civil judge the government passed an order on 21-6-63 (ex. 3) which reads as follows:copy of letter no. f. 3/4 (7) (93. he/56 dated the 21st may, 1963 from the deputy secretary to the government of rajasthan (home 'e' department).....
Judgment:
ORDER

Shri Ram Chandra was integrated as Inspector of Police in 'B' Group at S. No. 123 of the Seniority List Being dis-satisfied with that position he represented against his seniority in 'B' Group the Standing Integration Committee constituted under Appointment Department order No F. 3 (14) Int. A/51 dated 28-5-1951 examined his record and placed him in 'A' Group of Integrated Inspectors of Police which was approved by the Government the Inspectors of General of Police revised his seniority accordingly from S. No. 'B' 123 to Section No. 29(A. I) in 'A' Group of the Integration seniority.

2. On his further representation his case was found to fall under Government Order No F. 1 (10) ED (Ex. Rules)/68 dated 17-7-67 in consultation with Finance Department for retrospective promotion to R.P.S. the Rajasthan Public Service Commission, Ajmer on reference for adjudging his suitability for retrospective promotion accorded their approval to his retrospective appointment by promotion to R.P.S. against the quota for the year 1956. The Officer so selected against the quota for the year 1956 were appointed to PRS w.e.f. 1-5-1957 or from the date of their taking over as Dy. Supdt. of police, whichever was later under Home 'B' Department Order No. F 7(1) Home (B)/58-dated 9-1-1958.

3. The Governor has, therefore, been pleased to create a supernumerary post of Dy Supdt. of Police in the ordinary scale of RPS with effect from 9-1-1958 the date from which Shri Ram Chandra appointed to R.P.S. to 30.8.67.

4. The expenditure is chargeable to the Head '23 Police (B) DF(1) District Police where under necessary funds will be provided by re-appropriation.

5. The Governor is further pleased to appoint Shri Ramchandra to R.P.S. on probation for one year against the quota for the year 1956 with effect from 9-1-58 and also to confirm him in RPS. with effect from 9-1-59 under Rule 36 of R.P.S. Rules, 1954.

6. This order is issued with the concurrence of Finance Department vide their ID Bi, 2931 (E. II) 71 dated the 8-11-197).

By Order,

Sd/- M.S. Sadasivan

Commissioner for Home Affairs and

Secretary to Government.

3. Learned Additional Government Advocate submits that the petitioner had not only been promoted to the R.P.S., but he hid further been promoted to the post of Additional Superintendent of of Police (Senior) R.P.S. scale) and he had also been confirmed on this post with effect from 25-9-72. Thus, according to learned Additional Government Advocate, the petitioner has been given his due in that he had got his promotion to the R.P.S. against 1956 quota and then has got all the consequential benefits. Learned Counsel for the petitioner joins issues here to the extent that the promotion of the petitioner in the R.P.S. cadre against 1956 quota does full justice to the petitioner's case. He maintains that parsons who were junior to the petitioner as Inspectors of Police were promoted to the R.P.S. cadre against the 1954-55 quota &,therefore, the petitioner was entitled to be considered for promotion against 1954 quota and he should have been promoted accordingly and then given all the consequential benefits including his case for promotion to higher cadres including the promotion to the IPS cadre. Learned Counsel in particular points out that in the endorsement to Ex. 7 which was addressed to the Secretary, Rajasthan Public Service Commission. Ajmer, with reference to Commissioner's letter dated 13-10-71 the Government themselves had written to say that the claim of Shri Ramchander for his promotion of R.P.S. against 1951 55 year quota would be considered on the recommendations of the Departmental Promotion Committee in due course. This is what the petitioner's case for promotion was influenced by a penalty of censure imposed on him by Government order dated 20.10.57. Shri Ramchander had filed a suit for challenging this order in the court of the Senior Civil Judge No. 2, Jodhpur the learned Senior Civil Judge No. 2 Jodhpur had declared the Government order to be illegal and of no effect. To give effect to the judgment of the learned Senior Civil Judge the Government passed an order on 21-6-63 (Ex. 3) which reads as follows:

Copy of letter No. F. 3/4 (7) (93. HE/56 dated the 21st May, 1963 from the Deputy Secretary to the Government of Rajasthan (Home 'E' Department) Jaipur to the Inspector General of Police, Rajasthan, Jaipur.

Sub : Appeal No. 31/61 State v. Ramchander in the Court of Civil and Additional Senior Judge, Jodhpur.

I am directed so refer to your letter No. PHQA/Est-II/926 dated 23-4-63 and to say that in view of the Judgment dated 5tn February, 1962 of the Senior Civil Judge No. 2, Jodhpur, the Governor has been pleased to set aside the penalty imposed under letter No. F 17 (7) Apptts. 'D' 52 dated 20 10-1953 issued by the Appointments C Department.

The Governor has further been pleased to sanction the incurring of expenditure not exceeding Rs. 1646/- (Rs. one thousand six hundred and forty six) which represents Rs. 1540/- as Decretal amount and Rs. 106/- as costs of the suit; and payment to the decree holder through the Superintendent of Police, Jodhpur.

The expenditures will be charged to the following head:

1. Rs. 106/ on account of cost to head 23 Police Dept. (b) D.E.F. 4 other charges other items.

2. Rs. 1540/- on account of decretal amount to head 23-Police Dept. (b) D.E.F. 4 other charge Decretal charges (charged).

In view of what has happened the Government are duty bound to consider the petitioner's case for promotion to the R.P.S. against 1954 65 quota as mentioned in their endorsement to order Ex. 7, extracted above. It will be in consonance with justice if the Government are directed to give effect to their own decision aforesaid.

4. Accordingly, I allow this writ petition and direct the State Government to co sider the claim of Shri Ramchander for his promotion to R.P.S. against 1954-55 quota and further they shall convene a Departmental promotion Committee for the same. If Shri Ramchander is found suitable vis-a-vis his juniors who were already promoted, then the Government shall appoint him against 1954-55 quota and give him all such benefits as may be admissible to him according to law. This shall include his consideration to higher post, as well the Government shall convene the Departmental Promotion Committee within a period of six months from today and then dispose of the matter according to the above directions.

5. The parties are left to bear their own costs.


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