Veerender Singh Siradhana, J. - (1.) Aggrieved of the order dated 2nd March, 1998, passed by the Rajasthan Civil Services Appellate Tribunal, Rajasthan (for short, 'Tribunal'), declining the prayer of the petitioner to place him over and above respondent No. 3, in the seniority list for consideration of promotion to the post of Inspector (Cipher), with effect from 30th May, 1989, with all consequential benefits; the petitioner has instituted the present writ petition to quash and set aside the impugned order dated 2nd March, 1998 and to accord him the relief(s) as prayed for in the appeal.
(2.) Briefly, the skeletal material facts necessary for appreciation of the controversy raised herein needs to be first noticed. The petitioner was initially appointed as 'Assistant Sub -Inspector', in Police Wireless Sec. vide order dated 19th April, 1963. It is pleaded case of the petitioner that post of 'Cipher' was introduced as a separate cadre in the year 1968 and applications were invited from eligible candidates for field training. The petitioner successfully completed the training on 7th January, 1969, while he was working as Assistant Sub -Inspector (Wireless). He was accorded promotion to the post of Sub -Inspector (Cipher) on 28th February, 1972, and his name was placed at serial number 5 in the provisional seniority list dated 22nd June, 1972. His services were confirmed as Assistant Sub -Inspector (Cipher) vide order dated 22nd July, 1972, with effect from 17th July, 1971. In the final seniority list of Assistant Sub -Inspector (Cipher) and Sub -Inspector (Cipher), his seniority placement was indicated at serial number 4 and 5 respectively, as would be evident from the order of even date 22nd July, 1972. On confirmation of the petitioner as 'Sub -Inspector (Cipher)', his name was indicated in the order dated 8th February, 1980, at serial number 12 and in the provisional seniority list at serial number 11 to which the petitioner submitted his objections. However, ignoring the objections, final seniority list was issued on 28th April, 1989, indicating the name of the petitioner at serial number 10, while Mr. Kishan Singh and Mr. Krit Singh were indicated at serial number 8 and 9; senior to the petitioner. Aggrieved of the order dated 28th April, 1989 (Annexure -3), as well as the seniority list of the even date (Annexure -11); the petitioner instituted the writ petition before this Court which was registered as SBCWP No. 1893/1989, and was dismissed for availability of alternative remedy before the Tribunal. The petitioner instituted an appeal before the Tribunal, which has been declined vide impugned order dated 20th April, 1998; of which the petitioner is aggrieved.
(3.) Since the service could not be effected on respondent No. 3 (Mr. Arvind Kumar), his name was deleted from the array of respondents on the request of the counsel for the petitioner on 22nd December, 2010.;