N.M.KASLIWAL, J. - (1.) THIS special appeal under Section 18 of the Rajasthan High Court Ordinance is directed against the judgment of learned single 'Judge, G.M. Lodha, J., dated September 29, 1982 passed in S.B. Civil Writ Petition No. 960/78.
(2.) IT may be pertinent to mention that Jagjeevan Chand Bhandari had filed a writ petition in this Court which, was heard and decided by G.M. Lodha, J. while sitting at Jaipur. In the said wirt petition following seven parties were impleaded as respondents: (1) The Rajasthan High Court, Jodhpur (2) The Registrar, Rajasthan High Court, Jodhpur (3) Shri Govindram Purohit, Bench Reader, Rajasthan High Court, Jodhpur. (4) Om Prakash Boda, Bench Reader, Rajasthan High Court, Jaipur Bench, Jaipur (5) Ghanshyamdas V.R., Bench Reader, Rajasthan High Court, Jodhpar (6) Parasuram Dangi, Bench Reader, Rajasthan High Court, Jaipur Bench, Jaipur (7) Ballabh Dass Purohit, Stamp Reporter, Rajasthan High Court, Jaipur Bench, Jaipur. Ghanshyamdas V.R. filed D.B. Special Appeal No. 284/82 and the Rajasthan High Court, Jodhpur and the Registrar, Rajasthan High Court, Jodhpur filed D.B. Special Appeal No. 283/82 against the judgment of learned single Judge. Both the above special appeals were heard by us at Jaipur and by our judgment, dt. 4 -4 -1983 special appeal No. 283/82 filed by Ghanshyam Das V.R. was allowed. His promotion and that of Parasram Dangi on the post of stamp reporter and other higher posts being made on account of members of Scheduled Caste and Scheduled Tribe, was maintained. The judgment of the learned single Judge so far as quashing the appointments and promotions of these two persons is concerned, was set aside. Special appeal No. 283/82, filed by the Registrar Rajashan High Court, Jodhpur, was dismissed. However, the relief given by learned single Judge in the writ petition filed by Jagjeewan Chand was modified in the following manner: It is directed that promotions from the cadre of Upper Division Clerks to the post of Stamp Reporters/Court -fee Examiners in pursuance to the advertisement dated 20th August, 1977, and the test held there after should be made on the basis of seniority subject to efficiency. The respondent Nos. 1 and 2 in the writ petition are directed to readjust and pass orders for promotion on the basis of seniority subject to efficiency from amongst the Upper Division Clerks who have passed the test and not on the basis of marks secured in the qualifying test. Promotions on the higher posts should, therefore, be made in accordance with the provisions laid down in the Rules made by Hon'ble the Chief Justice in his order dated 18th February, 1976. The promotions on the post of Stamp Reporter/Court -fee Examiner shall be given from the date of pronouncement of the result of qualifying test. Further promotions to the higher posts shall also be made keeping in view the seniority on the post of Stamp Reporter/Court -fee Examiner subject to efficiency for such higher posts as and when such posts have fallen vacant.
(3.) GOVINDRAM Purohit and Om Prakash Boda filed the present special appeal No. 676/82 at Jodhpur against the judment of G.M. Lodha, J. dated September 29, 1982. When this appeal came up for consideration before M.C. Jain and D.L. Mehta, JJ. on May 17, 1983, they considered it proper that this appeal should also be heard by the same Bench who had heard the appeals at Jaipur Bench. Shri K.D. Sharma, the Hon'ble Chief Justice (as he then was) ordered this appeal to be heard by us. In view of these circumstances we heard this appeal at Jodhpur.;