HEERA LAL Vs. THE STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2015-3-209
HIGH COURT OF RAJASTHAN
Decided on March 27,2015

HEERA LAL Appellant
VERSUS
The State of Rajasthan and Ors. Respondents

JUDGEMENT

Nirmaljit Kaur, J. - (1.) THE prayer in the present petition is to convene a review DPC for considering the case of the petitioner against the vacancies of the years 1992 -93 to 1996 -97 on the post of Lecturer (School Education) and to grant him the benefit when the persons junior to him had been granted appointment/promotion on the post of Lecturer (School Education) against the vacancies of year 1992 -93 to 1996 -97.
(2.) THE petitioner was selected as a Teacher Grade -II under Rule 20 of the Rajasthan Educational Subordinate Service Rules, 1971 against the vacant post on probation period of two years vide order dated 23.10.1986 and he was directed to join the services upto 12.11.1986. The petitioner was appointed as a Lecturer (School Education) under Rule 28 of the Rules of 1971. This appointment was made on urgent temporary basis for a period of one year or till the regularly selected candidates are made available by the DPC/Public Service Commission. As the petitioner fulfills the requisite qualifications for appointment as School Lecturer, the appointment was made to the petitioner vide order dated 23.3.1987. The persons who had been appointed along with the present petitioner as teacher Gr.II in the year 1986 and thereafter, appointed as Lecturer (School Education) on urgent temporary basis under Rule 28 of the Rules of 1971 were considered as regularly selected candidates and this selection was made by the DPC against the vacancies of 1992 -93 to 1996 -97 but the petitioner was left out erroneously. The petitioner accordingly made representation to the respondents. The respondents informed him vide their communication dated 11.02.2014 that DPC of the Lecturer (School Education) for the year 1992 -93 to 1996 -97 was convened in the year 1995 -96 but at that point of time, in the seniority list, the qualification of the petitioner M.Sc. (Physics) was not mentioned and this qualification was made only on 20.02.2004 and accordingly, the name of the petitioner was considered in the year 2005 against the vacancies of year 1997 -98 by the DPC and against the said vacancies, the petitioner was selected.
(3.) IT is contended that the qualification M.Sc. was duly mentioned in the service record as well as in his initial appointment order. Thus, he cannot be made to suffer for no fault of his. Hence, his case deserves to be considered against the vacancies for the year 1992 -93.;


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