- (1.) Both the special appeals raises a similar controversy in respect of promotion to selection scale in Rajasthan Administrative Service, on merit basis, against the vacancies of the year 1991-92 and the issues to be adjudicated herein are one and the same, as such these appeals are being decided by this common order. Brief facts of the Special Appeal of Vinod Ajmera :
(2.) Appeal has been filed against the judgments dated 29.11.1999 passed by the learned Rajasthan Service Appellate Tribunal and dated 11.12.2002 passed by the learned Single Judge of this Court. Therefore, it has been prayed that the orders impugned be quashed and set aside and the special appeal be allowed with cost. The respondent Dharmendra Bhatnagar had initially filed an appeal before the learned Service Appellate Tribunal against the order dated 23.02.1996 passed by the respondent State whereby he was promoted to the selection scale of Rajasthan Administrative Service, on merit basis, against the vacancies of the year 1992-93. His grievance was that persons junior to him have been promoted to selection scale against the vacancies of the year 1991-92. The respondent No.1 was appointed in Rajasthan Administrative Service in the year 1979. Thereafter, he was promoted to senior scale against the vacancies of the year 1985-86. By an order dated 10.02.1982, he was then promoted to selection scale against the vacancies of the year 1991-92 (subject to review and revision) and his name figured at serial No.1, whereas the name of Hanuman Singh Bhati, respondent No.5 appeared at serial No.2. Thereafter, another order came to be passed on 21.08.1992, whereby the promotion of respondent to selection scale against the vacancies of the year 1992-93 was maintained. The name of respondent No.1 appeared at serial No.5 while that of Hanuman Singh Bhati, respondent No.5 was at serial No.6. The seniority list of substantive officers of R.A.S. was published on 22.04.1995 wherein the name of respondent No.1 appeared at serial No.102 and that of respondent No.5 Hanuman Singh Bhati was at serial No.103. Therefore, since the beginning, Dharmendra Bhatnagar remained senior to Hanuman Singh Bhati. It would not be out of place to mention here that during the intervening period, respondent No.1 appeared in All India Services Examination in the year 1984 and was selected in IPS. He was allocated West Bengal cadre. Dharmendra Bhatnagar served as an IPS Officer for three years i.e. during the years 1984-85, 1985-86 and 1986-87. However, he resigned from Indian Police Service on account of his family circumstances. Since the lien of the respondent No.1 was retained in Rajasthan Administrative Service, he repatriated to it. Therefore, he was again restored to his original seniority in the R.A.S. cadre. After passing of the order dated 23.02.1996, where his position was relegated from the vacancies of the year 1991-92 to 1992-93 and person junior to him, namely Shri Hanuman Singh Bhati, respondent No.5 was assigned the year 1991-92, despite of the earlier orders dated 10.02.1992 and 02.08.1992 that Dharmendra Bhatnagar filed an appeal against it before the learned Service Appellate Tribunal. It is noteworthy that respondent No.1 had a meritorious service record, inasmuch as, on the one hand he was selected for IPS through Union Public Service Commission in the year 1984 where he remained for three years, on the other hand, he was awarded the merit certificate by the State of Rajasthan in the year 1997 for writing a book on law and order. In such circumstances, he could not have been superseded in the matter of promotion to R.A.S. selection scale against the vacancies of the year 1991-92 vis-a-vis persons junior to him.
(3.) The appeal filed before the Service Appellate Tribunal was contested by the other respondents through objections raised in the reply filed before it. THE learned Service Appellate Tribunal allowed the appeal by its order dated 29.11.1999 and declared that Dharmendra Bhatnagar be promoted in selection scale of the Rajasthan Administrative Service, on merit basis, against the vacancies of the year 1991-92. THE State Government was directed by the learned Tribunal to hold a review DPC, in the light of the conclusion arrived at by it and respondent No.1 was to be given all such benefits of promotion as were given to his juniors. Compliance of the order was to be made within three months. Thereafter, Hanuman Singh Bhati, respondent No.5 herein, filed a writ petition (3337/2000) challenging the judgment dated 29.11.1999 passed by the learned Rajasthan Service Appellate Tribunal and seeking to quash and set aside the same. Further, it was prayed that any order passed in pursuance of the impugned judgment may also be quashed and set aside. Respondent Dharmendra Bhatnagar then filed a detail reply to the writ petition raising various objections to the claim of the petitioner, including preliminary objections. The learned Single Judge, by his order dated 11.12.2002, dismissed the writ petitions filed by Hanuman Singh Bhati (No.3337/2000) as well as Smt. Rajesh Yadav (No.3336/2000), by a common order holding that the Service Appellate Tribunal had not committed any error apparent on the face of record which can be said to have resulted in manifest injustice. The writ petitions were therefore held to be devoid of merit and accordingly, the same were dismissed. Hence, the present appeal has been filed by the appellant Vinod Ajmera. Brief facts of the Special Appeal of Smt. Rajesh Yadav : Respondent Dharmendra Bhatnagar had filed an appeal before the learned Service Appellate Tribunal challenging the order dated 23.02.1996. In the said appeal, he had impleaded Shri Hanuman Singh Bhati and one Shri S.D. Sharma as party respondents. When the appellant Smt. Rajesh Yadav came to know about the filing of the said appeal, she moved an application on 16.11.1999 for being impleaded as a party in it. The said application filed by the appellant was rejected by the learned Service Appellate Tribunal on 16.11.1999 itself, on the ground that some persons are already party respondent and therefore, it was not necessary to implead her as a party in the appeal (Annexure-4 to the writ petition). Thereafter, the learned Tribunal allowed the appeal filed by Dharmendra Bhatnagar, on 29.11.1999. Aggrieved of the said order, the appellant preferred a writ petition (No.3336/2000). Respondent No.1 contested the writ petition by way of filing a reply, raising various objections including the preliminary objections with regard to maintainability of the writ petition. The State Government had also filed a detail reply opposing the writ petition filed by appellant and prayed that the same may be dismissed. The learned Single Judge dismissed the writ petition, filed by the appellant, on 11.12.2002 alongwith the writ petition filed by Hanuman Singh Bhati (No.3337/2000). Hence, the present appeal has been preferred by Smt. Rajesh Yadav against the judgments passed by learned Service Appellate Tribunal as well as the learned Single Judge of this Court.;