- (1.) THE present petition has been filed to challenge the Notification dated 6.10.2008 issued by the Governor of Rajasthan in exercise of powers conferred by the proviso to Article 309 of the Constitution of India which amends the Rajasthan Animal Husbandry Subordinate Service Rules, 1977 ('for short 'the Rules of 1977') with retrospective effect.
(2.) THE petitioner was appointed as Class IV Employee with the Department of Animal Husbandry vide order dated 21.3.1970. In the year 1990 -91, he underwent regular training for Livestock Assistant at Animal Husbandry School, Kota and thereafter, vide order dated 15.6.1996, he was promoted as Laboratory Attendant in the Pay Scale of Rs. 775 -1025.
(3.) THE grievance of the petitioner is that though he had an avenue for promotion to the post of Livestock Assistant while having requisite eligibility, he was not promoted. As per the Rules of 1977, 25% of the total posts of Livestock Assistant are required to be filled by way of promotion from among the Dresser and Laboratory Attendant who have nine months' training of Stock -man/Compounder and have also passed the 8 th standard examination, subject to having five years' experience. The petitioner despite possessing the qualification/experience to be considered for the post of Livestock Assistant, was not promoted to the said post. He made several representations to the authorities to consider him for promotion to the post of Livestock Assistant but to no avail. Thereafter the respondent -Department decided to fill the 25% quota of promotion provided under the Rules by making fresh appointment to the post in question instead of filling the same from candidates available from the Department itself. Aggrieved against such action, the petitioner filed the present writ petition. The respondents filed a reply therein taking a plea that no promotion avenue is available to the petitioner for promotion to the post of Livestock Assistant as by a Notification dated 10.10.2008, while exercising powers conferred by the proviso to Article 309 of the Constitution of India, an amendment was introduced in the Rules of 1977 with effect from 1.4.2001, consequent to which the appointment to the post of Livestock Assistant is required to be made 100% by way of direct recruitment, out of which 10% post are reserved for in service candidates who are having five years' experience of regular service on the post of Livestock Attendant along with educational qualification as prescribed in the schedule. It is contended that in view of amendment introduced under the Notification dated 10.10.2008, the petitioner is required to face regular selection against the 10% reserved posts for in service candidates.;