- (1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents with a prayer that by an appropriate writ, order or direction, the respondents may be directed to create the post of Senior Personal, Assistant and Private Secretary and the petitioner may be ordered to be promoted on these posts by giving him equal chance of promotion as per his seniority.
(2.) The facts of the case as put forward by the petitioner are as under : i) That the petitioner was initially appointed as Stenographer in the Department of Mines and Geology (hereinafter referred to as the respondent Department). Thereafter he was promoted to the post of Personal Assistant on 19-4-85 and presently he is working on the post of Personal Assistant in the respondent Department. A copy of seniority list of Personal Assistants is marked as Annex. 1. ii) The further case of the petitioner is since there is only one post of Senior Personal Assistant in the respondent department, therefore, the petitioner is not getting promotion to the higher post. Hence, the petitioner submits that mandamus be issued against the respondents directing them to take steps for creation or upgradation of posts as per amended Rules of Rajasthan Subordinate Office Ministerial Staff Service Rules, 1957 (hereinafter referred to as the Rules of 1957. By way of amendment in Rule 6 of the Rules of 1957, channel of promotion in the cadre of stenographer has been provided as under : i) Private Secretary to the Head of the Department. ii) Senior Personal Assistant iii) Personal Assistant iv) Stenographer Gr. II Rule 15 of the Rules of 1957 provides that no person having less than three years experience as a Senior Personal Assistant shall be promoted to the post of Private Secretary to the Head of the Department. iii) That in the Mines and Geology Department, there is only one post of Senior Personal Assistant and there is no post of Private Secretary whereas as per strength of officers, following sanctioned posts sought to be there in the respondent-Department. JUDGEMENT_469_LABIC_20031.html
(3.) The main case of the petitioner is that action of the respondents in denying promotion to the petitioner by not creating and upgrading the post of Senior P.A. is arbitrary and illegal and violative of Articles 14 and 16 of the Constitution of India especially when other Departments of State Government, are having posts of Sr. P.A. and P.S.;