N.N. Mathur, J. - (1.) This group of special appeals is directed against the order of the learned Single Judge dated 14th February, 2003.
(2.) Having heard learned counsel for the parties and perused the impugned order, we are of the view that the instant group of special appeals preferred by the State of Rajasthan deserves to be dismissed summarily.
(3.) The respondents are police constables. In response to the advertisement issued by the appellants for appointment on the post of Constable, the respondents applied for the same. As per the advertisement, 21 years was the upper age limit for recruitment on the post of Constable. However, in case of special qualification as driver, it was 24 years. The respondents were initially recruited as constables in armed police. Subsequently, they were transferred to the civil police. They were confirmed on the post of Constable (Civil Police) by order dated 4.2.1993. Their names appeared in the provisional seniority list of Constables (Civil Police) issued in the year 1998. Their names re-appeared in the seniority list issued in the month of August. 1999. A provisional seniority list of Constable (Driver) of Bikaner Range was also issued on 10.12.1999 and their names did not appear therein. The applications were invited for appointment by promotion on the post of Head-constables (Civil Police). The applications were also invited for appearing at qualifying test for promotion on the post of Head-Constable (Civil Police). However, the respondents were not called for the said qualifying test. Thus. they protested by way of representation in the year 1999. The persons junior to them have promoted on the post of Head-Constable (Civil Police). Thus, they approached to the court by way of filing separate writ petitions. The appellants took a stand that upper age limit for appointment on the post of Constable (Civil Police) is 21 years. However in case of Constable (Driver), the upper age limit is 24 years. Thus, the respondents were appointed as Constables (Driver). Their names in the seniority list of Constable (Civil Police) were wrongly mentioned. It is further stated that as per the order issued by the Director General of Police, the respondents have a channel of promotion on the post of Head-Constable (Civil Police). Thus, their names were rightly not included among the persons eligible for promotion on the post of Head-Constable (Civil Police).;