- (1.) The Petitioner a gold medalist topper of Diploma in Cost and Works Accountancy passed by him from Jodhpur University was appointed as Accountant/Sub-Divisional Accountant/Internal Auditor vide order dtd. 8.5.1979 by the Respondent- Rajasthan State Electricity Board now known as Jodhpur Vidhyut Vitran Nigam limited (for short RSEB/JNWNI). The said appointment was offered to the Petitioner as per the then prevailing Rules of the Respondents for offering the said direct appointment to the toppers and the first three rank holders for the said post. However, in terms and conditions in the said appointment order dtd. 8.5.1979, vide condition No. 2 it was stipulated that their final selection and inter se seniority shall depend and be determined on the basis of merit obtained in the examination. The condition No. 1 stipulated that the Petitioner and one Sh. M.M. Pareek who were so appointed (M.M. Pareek never joined duties) shall have to appear at the first direct recruitment examination to be held by the Board for Recruitment to the service in the cadre of Accountant/Sub-Divisional Accountant/Internal Auditor after their appointment.
(2.) The Petitioner could not take up such examination which was conducted in the December, 1979 due to illness, but took the same in the month of December, 1980 and was declared successful in the month of January, 1981. Thereafter another office order was issued by the Respondent-RSEB on 3.4.1981 placing the Petitioner on probation for a period of two years consequent to his passing the said examination on 5.1.1981.
(3.) The case of the Petitioner before this Court in the present writ petition is that the Petitioner was governed by the RSEB Service Regulations, 1964 vide condition No. 5 in the original appointment order itself dated 8.5.1979 and as per the said Regulations, for promotion to the next higher post of Assistant Accounts Officer/Assistant Audit Officer/Assistant Revenue Officer as per the relevant Rules (Annex. 19 page 83 of the writ petition), the Petitioner became entitled to be considered for the said promotion in the year 1984 after completion of 5 years of experience in the service from the date of his initial appointment dtd. 8.5.1979 and therefore, he was wrongly ignored for the said promotion in the year 1985 and another person, namely, Sh. O.P. Verma who, even though appointed earlier than the Petitioner as Accountant on 1.8.1974, but acquired the qualification of DCWA only on 14.6.1984, when he passed the said qualification and therefore, the Petitioner was wrongly so ignored for the said promotion and subsequent due promotions. However, the Petitioner contended before this Court that he is neither challenging the promotion of Sh. O.P. Verma nor he has impleaded him as party- Respondent in the present writ petition because said Sh. O.P. Verma has now already retired from the service on 31.8.2000. The Petitioner has filed this writ petition in the year 2006 because even though earlier office reports on the representations of the Petitioner were favourable to the Petitioner, but it is only vide communication Annex. 1 dtd. 16.1.2006 written by the Secretary (Admn.) of Rajasthan Rajya Vidhyut Prasaran Nigam Limited (for short Committee, Government of Rajasthan, Jaipur that the Respondents took a contrary stand on the representations made by the Petitioner and that is why upon this cause of auction to the Petitioner, the Petitioner has approached this Court and by that time, the said person Mr. O.P. Verma had already retired and since the Petitioner could not claim any relief against said Sh. O.P. Verma consequent to his retirement, he was not so impleaded.;