HEMANT SHESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal is directed against the judgment and order of the learned Single Judge 1. 12. 2005 allowing the writ petition of respondent No. 2, Hanuwant Singh Bhati, (hereinafter referred to as `the respondent') in the following terms: ". . . . . The respondents are directed to consider the case of the petitioner also for out of turn promotion to super- time Scale of RAS from the year 1995 after granting necessary relaxation as provided under Rule 41 of the Rules of 1954. Necessary consideration be made and decision be taken within thirty days from the date of receipt of certified copy of this order and consequential orders, if required, be passed within 30 days thereafter giving all financial benefits as well to the petitioner including arrears. "

(2.) IT may be mentioned here that the appellants were not party to the writ petition. They filed this appeal alongwith application seeking leave to appeal contending that out of turn promotion to Super Time Scale to the respondent from the year 1995 will affect their rights and prospects but the directions had been issued behind their back without giving them opportunity of hearing. By order dated 4. 1. 2006 leave was granted and the appeal was admitted to hearing on 5. 1. 2006. In the facts and circumstances, till further orders and subject to objections by the respondent, operation of the order of the learned Single Judge was stayed. The stay however was vacated later by another Bench on 27. 3. 2006 in the following terms: " Considering these facts, in our view, it is a fit case for vacation of stay order. Let the Government consider the case of the petitioner on merit either by invoking the provisions of Rule 41 of Rajasthan Administrative Service, 1954 or by making suitable amendment in the relevant rules, as has been done in the case of police officials who have taken part in the concerned encounter

(3.) IN its reply to the writ petition, the State Government took the plea that there was no provision in the RAS Rules to give out of turn promotion to a member of the RAS. IN appreciation of his services and gallant work, the respondent had already been granted three advance grade increments on 5. 10. 1996. Though the case of the respondent had been recommended for out of turn promotion, but in absence of any such provision in the RAS Rules such benefit could not be accorded to him. . Grant of three advance grade increments was in a sense an accelerated advancement. The Government also stated that the case of the respondent was similar to that of Rohit Mahajan, Additional S. P. (Traffic) who had not been granted out of turn promotion. The case of Govind Detha was distinguished and it was stated that he was instrumental in encounter with terrorists and freeing of Shri Rajendra Mirdha in which neither the respondent nor Rohit Mahajan was involved.