- (1.) THE instant writ petition has been filed by retired Court Master of this Court Rajendra Kumar Purohit in which he has prayed for following reliefs: - "i. The record of the case may kindly called for; ii. The respondents may kindly be directed to promote the petitioner to the post of Assistant Registrar with effect from the date of his eligibility on the said post with all consequential benefits. iii. The respondents may be directed to adhere to the Rules of 2002 in its true spirit by determining the vacancies year wise and issuing promotional orders in favour of deserving candidates. iv. Any other appropriate order or direction which the facts and circumstances of the case demands be issued and; v. Costs of the litigation be allowed in favour of the petitioner."
(2.) IN the writ petition, it is stated by the petitioner that he was initially appointed on the post of Lower Division Clerk on 28.08.1978 in the pay -scale of Rs. 355 -570/ - but later on he was promoted from time to time and superannuated from service w.e.f. 31.8.2013 while working on the post of Court Master.
(3.) THE grievance of the petitioner is that he was entitled to be promoted on the post of Assistant Registrar before his retirement but due to inaction on the part of the respondents, he was not considered for promotion on the post of Assistant Registrar but after his superannuation, a list was issued by the High Court on 17.1.2014 whereby persons working on the post of Court Masters who were junior to him were promoted as Assistant Registrars in the running pay band under Rule 16 of the Rules of 2002 on ad hoc basis. The petitioner preferred a representation with the prayer that a meeting of Departmental Promotion Committee has already been convened and recommendations have also been forwarded, therefore, when the process of promotion has been completed to a larger extent, therefore, resorting to Clause 16 of the Rules of 2002 whereby the officiating promotions are to be made on urgent temporary basis bears no significance. In response to his representation dated 5.3.2014, the High Court informed him that for promotion to the post of Assistant Registrar against the vacancies of earlier years shall be considered, at that time your case for promotion to the post of Assistant Registrar against the vacancies of earlier years shall also be considered. Learned counsel for the petitioner vehemently submits that due to delay on the part of the respondents for his promotion inspite of the fact that he is within consideration zone and vacancies of Assistant Registrars were available, direction may be issued to the respondents to determine the yearwise vacancies and convene the meeting of Departmental Promotion Committee to consider his case for promotion as per his eligibility because he is suffering financial loss.;