Bela M. Trivedi, J. - (1.) REPORTABLE 1. This batch of petitions arises out of the common order dated 29.11.13 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur (hereinafter referred to as 'the Tribunal') in Appeal No. 1314/13 and other 37 appeals. The first 38 petitions have been filed by the DGP and Others against the respondents who were the appellants before the Tribunal. The other three petitions have been filed by the interveners who though were not the party -respondents in the said appeals before the Tribunal, were permitted to intervene in the said appeals.
(2.) THE Tribunal vide the impugned order has directed the Director General of Police, Rajasthan to do the needful exercise by redetermining the year -wise vacancies of Inspectors of Police by convening the Review Selection Board for the year 2009 -10, 2010 -11, 2011 -12 and 2012 -13, after including the vacancies of Inspectors generated due to the promotions to RPS (Jr. Scale) in their respective years. The DGP, Rajasthan has also been directed to issue promotion orders of the respondents (appellants) on the post of Inspectors in the respective years of their eligibility to which the respondents pertain, if otherwise found eligible after convening the Review Selection Board.
(3.) THE short facts essential to decide the present batch of petitions are that the petitioner -DGP, Rajasthan had constituted a Selection Board vide order dated 17th May, 2013 for holding the qualifying test for promotion to the posts of Inspectors, Rajasthan Police, against 88 vacancies determined for the year 2011 -12. The notification by radiogram was issued on 23rd May, 2013 and the list of eligible sub -inspectors was published on 14.6.13. The written test was held by the Selection Board on 2nd and 3rd July, 2013, in which out of 743 eligible sub -inspectors, 231 sub -inspectors were declared successful. The respondents in the present petitions were also declared successful in the said examination as per the result declared on 19.7.13. The respondents in the present petitions also qualified the outdoor test and part -II of the qualifying test. The petitioner -DGP thereafter issued the order dated 1.8.13 selecting 88 sub -inspectors for the promotion to the post of Inspectors against the vacancies of the year 2011 -12. The respondents -appellants having not been included in the said promotion orders, despite they having qualified themselves in the qualifying test, had approached the concerned authorities and made their representations. They were informed by the concerned authorities that their names could not be included in the promotion order dated 1.8.13 as they were down in the seniority list. In the meantime the Home Department, Government of Rajasthan issued the promotion order on 12.6.13 promoting the Inspectors on the post of RPS (Jr. Scale) against the vacancies of the year 2010 -11, 2011 -12 and 2012 -13, which according to the respondents -appellants were determined prior to the constitution of the Selection Board on 17.5.13 for making promotion of Sub -Inspectors to the post of Inspectors against the vacancies of 2011 -12, and therefore the said vacancies which occurred on account of promotions of the Inspectors should have been included in the vacancies determined for the year 2011 -12. As per the case of the respondents -appellants before the Tribunal, though they had made representations in that regard, the petitioner -DGP without deciding the representations of the respondents, again issued the notification dated 16.8.13 for holding the qualifying test for filling up 165 vacancies of Inspectors against the vacancies of the year 2012 -13. Being aggrieved by the said action of the petitioners, each of the respondents had filed separate appeals, 38 in total, before the Tribunal. Out of the said 38 appeals, following prayers were made in the 36 appeals: - - "i. Quash the notification issued vide Radiogram No. 208 -218 dated 16.8.2013 and No. 4667 dated 4.9.2013. ii. Direct respondents to include the 36 vacancies of Inspectors occurred for the year 2010 -11 after promotion to RPS vide order dated 12.6.2013 in 88 vacancies. iii. Direct respondents to also include 31 vacancies of Inspectors of the year 2011 -12 in the 88 vacancies of 2011 -12, which occurred after promotion to RPS vide order dated 12.6.2013. iv. Direct respondents to re -hold the Selection Board to prepare select list of 155 Sub -Inspectors for promotion as Inspector against 155 vacancies of the year 2011 -12. v. Direct respondents to re -determine year wise vacancies of Inspectors for the year 2010 -11 and 2011 -12 after counting vacancies created due to promotion of Inspectors to RPS on 12.6.2013 and prepare year wise list afresh of successful SIS for promotion by the Selection Board on the basis of qualifying tests already held in 2013 and final result. vi. Direct respondents that in the event of Appellant already passing the conducted test held in July 2013 he be given promotion to the post of Inspector against the vacancies of the year 2011 -12 with all consequential benefits. Vii. Direct respondents to re -determine the vacancies of the year 2012 -13 as wrongly determined vide order dated 14.8.2013 after filling up of earlier vacancies as per the directions." ;