R. Calla, J. - (1.) The petitioner is a member of Rajasthan Police Service as a direct recruit appointee of the year 1970 under the Rajasthan Police Service Rules, 1954. In pursuance of the appointment order based on his regular selection for Rajasthan Police Service on 2.5.1970, the petitioner joined the Rajasthan Police Service on 6.5.1970, the date from which he was later on confirmed on completion of the period of probation. The final seniority list was published on 22.9.1973 wherein, the petitioner was shown at Sr. No. 118. The petitioner was then promoted to the senior scale of Rajasthan Police Service on the recommendation of Departmental Promotion Committee vide order dated 30.6.1982 on seniority-cum-merit basis. The petitioner has stated that although, he is contesting against his belated promotion to the senior scale, for the purpose of the present writ petition he rests his claim as a promotee in the senior-scale in terms of the order dated 30.6.82. Based on the recommendations of the DPC an order was passed on 24.1.1991 placing the petitioner in the selection-scale. The petitioner then refers to the revised combined seniority-list dated 30.6.1990 showing the positions of the officers as on 1.1.78, 1.10.79, 15.12.80, 1.1.83, 1.1.85 and 1.7.87 in the senior- scale. The petitioner goes on to state that the respondents Nos. 3 to 17 are all junior to the petitioner in the ordinary scale of Rajasthan Police Service and respondents who are given selection-scale earlier to the petitioner against the reserved quota, had entered the service subsequent to the appointment of the petitioner.
(2.) While referring to the Scheme of the Rajasthan Police Service Rules, 1954, Rule 6 relating to the cadre, composition and strength of service and Schedule-I thereof, there were 53 posts of senior-scale out of which 19 were to be held by officers drawing their pay in the selection-scale. It has been further stated that the holders of all these 53 posts are inter-transferable and there is no distinction with regard to holding of a particular post by a person drawing pay in the selection-scale or a person drawing pay in the senior-scale. Under Proviso (a) of Rule 6, the Government may create any post permanent or temporary but, the nature of the post can only be changed by making an amendment in the Schedule but, no such amendment has been made; however, the number of posts were revised vide order dated 4.12.1985 w.e.f. 1.4.1985 and, thereby, the total number of posts of senior-scale was increased from 53 to 58 maintaining the number of 19 in selection scale. The petitioner has then stated that on April 19/22, 1988 the number of officers drawing selection scale was increased from 19 to 22 and yet the strength of senior scale remained the same, whereas the respondent No. 7 has placed on record a document (Notification) dated 4.10.1985 issued by Home (Gr. 1) Department, under signatures of Commissioner and Secretary to Government with an additional affidavit dated 30.4.92 showing that this number was increased from 19 to 30.
(3.) The officers against whom the petitioner has raised the grievance through this writ petition are respondents Nos. 3 to 17 who have been granted selection from dates earlier than the petitioner and they according to him have entered the Rajasthan Police Service on dates subsequent to the date of his entry and who are junior to him. The petitioner has classified officers who are the members of SC and ST and the officers of general category separately. According to the petitioner the respondents Nos. 3 to 11 are the members of the SC/ST and they all have entered the service subsequent to the petitioner but have been granted selection scale from earlier dates. Respondents Nos. 12 to 17 belong to the general category and they are all junior to the petitioner in the ordinary scale as well as seniority on their being placed in selection scale on the basis of the merit by treating the grant of selection scale as promotion, these six officers have also been granted selection scale on dates earlier than the petitioner.;