Swatanter Kumar, J. - (1.) LEAVE granted.
(2.) THESE appeals are directed against the common judgment of the High Court of Judicature of Rajasthan, Jaipur Bench, at Jaipur dated 17 April, 2009 whereby the High Court in substance upheld the order of the Rajasthan Civil Services Appellate Tribunal, Jaipur (in short the 'Tribunal') dated 8 February,1999 and issued certain further directions to the Respondents to undertake fresh exercise for promotion to the post of District Transport Officer (in short the 'DTO') from the post of Motor Vehicle Inspectors. At the very outset we may refer to the relevant part of the Division Bench judgment dealing with the subject in question and issuing the directions which reads as under: There cannot be any dispute and as has been decided by the Apex Court that clubbing of vacancies could be made only for the purpose of direct recruitment. However, promotions have to be made on the basis of year wise determination of vacancies to the candidates eligible for the particular year who come in the zone of consideration for the particular year as also been referred above. In the present case, it appears that State Government had given a complete go -bye to the provisions of the relevant Rules and while clubbing the vacancies from 1983 -84 fill 1993 -94, the promotions have been made accordingly. The clubbing of vacancies for more than 10 years have not only created complications so far as reservation of the posts as per relevant roster are concerned, but entire procedure of zone of consideration for each hear have been disturbed. Merely deletion of the condition of qualifying examination in the year 1992 will not justify the action of the State government in clubbing all the vacancies of more than 10 years and give promotions to persons making a new zone of consideration and reservation also accordingly. On the face of it the whole action of the State Government cannot be sustained in the eyes of law. More so when it is also not a case of one time promotion which also require a special notification and amendment in the Rules. Having considered entire facts and circumstances, since after due consideration proper discretion has been used by the learned Tribunal as also learned Single Judge, we find no ground for any further interference. The Appellant State may now make a complete fresh exercise as per directions of the Tribunal as early as possible preferably within four months. It is further made clear that persons already promoted shall not be demoted till the exercise is made and fresh orders of promotions on the basis of yearwise determination of vacancies are passed. In case any person is not found suitable for the particular year and have already been given benefit of promotion, in case of reversion or change of year of promotion, the salary already paid, may not be recovered, however, pay fixation has to be made accordingly. If any person has retired during the intervening period, his retiral benefits already paid on the basis of last pay drawn may also not be recovered except for revision of pension if required. With the above observations and direction, the appeals are disposed of accordingly. In order to examine the challenge to the impugned judgment in its proper perspective, it will be useful for us to refer to the basic facts giving rise to the present appeal. The Appellant belongs to a Scheduled Caste and was initially appointed as a Motor Vehicle Sub -Inspector vide order dated 23rd August, 1980. He was confirmed in this post on 3rd May, 1983 whereafter, he was promoted upon his satisfactory performance of his duties to the post of Motor Vehicle Sub Inspector through Departmental Promotion Committee (in short the 'DPC') on the principle of seniority -cum -merit vide order dated 20 January, 1987. He was thereafter regularized in the said post on 15 October, 1988. On 13 April, 1992, a notification was issued by the Respondents amending the Rajasthan Transport Service Rules, 1979 (in short the '1979 Rules') (marked as annexure P -5 to the Petition). By this amendment, Schedule 1 and Schedule 2 of the 1979 Rules to the existing Rules were amended. The Notification read as under: In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Rajasthan hereby makes the following amendments with immediate effect in the Rajasthan Transport Service Rules, 1979 namely: AMENDMENT In the said rules: 1. Amendment of Schedule -1: 1. the existing entries at item 2. occurring in column 6 against to S. No. 4 shall be deleted. 1. The existing Schedule II shall be deleted.
(3.) AS is evident from the above Schedule, earlier the candidates were required to pass the qualifying examination for the post of District Transport Officer. However, by this amendment, the said requirement was deleted under Schedule 1 and syllabus for the same was deleted from Schedule 2. In other words, promotion would be possible without holding the said examination for the higher post.;