Rajasthan High Court - Jodhpur
Mahendra Kumar Sharma vs State And Ors on 6 January, 2023
Bench: Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6454/2013
Mahendra Kumar Sharma S/o Shri Bhanwar Lal Sharma, aged
about 40 years, by caste Brahmin, R/o Village Akeli, Tehsil Merta
City, District Nagaur.
----Petitioner
Versus
1. State of Rajasthan, through the Secretary, Secretariat,
Sanskrit Education, Rajasthan, Jaipur.
2. Director, Sanskrit Education, Government of Rajasthan, Jaipur.
3. Joint Director, Sanskrit Education, Government of Rajasthan,
Jaipur.
----Respondents
For Petitioner(s) : Mr. Anil Vyas
For Respondent(s) : Mr. A.K. Gaur, AAG
Mr. Anupam Gopal Vyas
HON'BLE MR. JUSTICE KULDEEP MATHUR
Judgment
06/01/2023
By way of filing present writ petition, the petitioner has
prayed for the following reliefs:-
"It is, therefore, most respectfully prayed on behalf of
petitioner that the writ petition may kindly be allowed and:-
I. by an appropriate writ, order or direction, the respondents
may kindly be directed to hold DPC for the petitioner and
assigned him the seniority other juniors have been promoted
II. by an appropriate writ, order or direction it may be
declared that person having graduation in Sanskrit is eligible
for promotion to the post of Teacher Grade-II and the
petitioner may be declared so on the basis of his qualification
of BA, MA, B.ED and Acharaya Part-II;
III. That the Order dt. 10.10.2011 Ex.11 may kindly be
quashed and set aside with all consequential relief;
(2 of 4) [CW-6454/2013]
IV. Any other appropriate order or direction, which this
Hon'ble Court considers just and proper in the facts and
circumstances of this case, may kindly be passed in favour of
the petitioner.
V. Costs of the writ petition may kindly be awarded to the
petitioner."
Learned counsel for the petitioner submits that a number of
similarly situated employees approached Rajasthan Civil Services
Appellate Tribunal (for short 'Tribunal') claiming identical relief.
The Tribunal by a detailed order dated 08.11.2013 ordered
that since the appellants before it possessed the requisite
qualifications for promotion on Teacher Grade-II (Sanskrit), their
candidature may be considered for promotion and if they are
found eligible, they may be promoted from the date juniors were
promoted with all consequential benefits.
Against the order dated 08.11.2013, respondent-State of
Rajasthan preferred writ petitions before co-ordinate Bench of this
Court challenging the order of Tribunal. The co-ordinate Bench
vide judgment dated 25.08.2015 allowed the writ petitions and set
aside the order dated 08.11.2013 passed by the Tribunal.
Being aggrieved and dissatisfied with the judgment dated
25.08.2015 passed by the co-ordinate Bench of this Court, special
appeals were preferred before Division Bench. The Division Bench
at Jaipur vide judgment dated 26.10.2018 allowed a batch of
special appeals led by D.B. S.A.W. No.986/2015
(Bhuwneshwar Pd. Trivedi vs. State of Rajasthan & Ors.).
The operative portion of Bhuwneshwar Pd. Trivedi (supra)
reads as under:-
"What is of significance in the present case to note is
that the amended rules, which came into force on 10.06.2008
on the basis of which the appellants are being considered as
not eligible for promotion provided qualification of Shastri
(3 of 4) [CW-6454/2013]
(Sanskrit) or equivalent traditional Sanskrit examination with
Sanskrit medium from a University established by Law in
India and Shiksha Shastri/Degree in Education recognized by
the Government as the eligibility qualification for direct
recruitment, which qualification was also adopted for
promotion. However, order of promotion of the juniors to the
appellants were issued on 01.05.2008, which implies that
meeting of Departmental Promotion Committee to consider
their candidature for promotion was convened much prior to
amendment in the Rules. In any case, the Departmental
Promotion Committee and the respondents-State authorities
were required to make promotions as per the unamended
rules, which did not insist on the qualification of Shastri
(Sanskrit) or equivalent traditional Sanskrit examination with
Sanskrit medium from a University established by Law in
India. The respondents therefore cannot be allowed to argue
that amended provisions would apply even to the vacancies of
the previous years as the case of the eligible candidates for
promotion was considered much before amendment in the
rules, as per the unamended rules. Learned Single Judge, in
our considered view, was therefore not justified in applying
the ratio of the judgment of this Court in Pawan Kumar
Jain & Another (supra), ignoring the ratio of the judgment
of this Court in the State of Rajasthan & Others Vs. Jeta
Ram Khawa & Others (supra). Reliance on the Single
Bench judgment of this Court in Garima Mani Sharma
(supra) also therefore could not be of any help because even
that judgment was based on the judgment in Pawan Kumar
Jain & Another (supra) as the issue involved in that case
was the same being dispute with regard to appointment on
the post of Teacher Grade-II in the subject of Sanskrit by way
of direct recruitment.
In view of above discussion, present appeals deserve to
succeed and the same are hereby allowed. Impugned
judgment dated 25.08.2015 passed by the learned Single
Judge is set aside and the judgment dated 08.11.2013
passed by the Tribunal is restored. The appellants are held
entitled to all the consequential benefits. Compliance of the
judgment of the Tribunal shall now be made by the
(4 of 4) [CW-6454/2013]
respondents within a period of three months from the date
copy of this judgment is produced before them.
All the pending applications are disposed of.
Office is directed to place a copy of this judgment on
record of each connected appeal."
Learned counsel for the petitioner prayed that since the
controversy involved in the present writ petition is similar to the
one decided by Division Bench at Jaipur in the case of
Bhuwneshwar Pd. Trivedi (supra), the petitioner may be
granted the same relief.
Learned counsel for the respondents was not in a position to
controvert the submissions advanced by learned counsel for the
petitioner.
In view of aforesaid, the present writ petition is allowed. The
respondents are directed to grant promotion to the petitioner on
the post of Teacher Grade-II from the date persons junior to him
were promoted pursuant to recommendations of the DPC with all
consequential benefits. The respondents are directed to do the
needful within a period of three months from the date copy of this
order/judgment is produced before them.
No order as to costs.
(KULDEEP MATHUR),J
21-Ravi Kh/-
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