H.R. Panwar, J. - (1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to grant him promotion on the post of Sanitary Jamadar with effect from the date when his junior Sayarmal @ Sayaria was given promotion on the said post with all consequential benefits.
(2.) I have heard learned Counsel for the parties. The facts and circumstances giving rise to the instant writ petition are that in the year 1981 -82, there were certain substantive vacancies of Safai Sevak (Scavengers) in the respondent Municipal Board (for short the Board hereinafter). The petitioner was given appointment on the post of Safai Sevak (Scavenger) vide order dt. 23.06.1981 Annex.1 on temporary basis for a period of six months. In pursuance thereof, the petitioner joined the services on 26.06.1981. The services of the petitioner came to be comfirmed on 13.11.1981 by the order of Administrator of the Board and in compliance thereof vide order dt. 19.12.1981, the services of the petitioner were confirmed. After ten months of the appointment of the petitioner, as many as 11 persons were appointed on the post of Safair Sevak vide order dt. 08.04.1982 Annex.3. The petitioner specifically came with a case that one Sayaria @ Sayarmal who was appointed on 21.10.1982 Annex. 4 and thus junior to the petitioner, has been promoted on the post of Sanitary Jamadar. He also came with a case that certain junior persons to the petitioner namely Bhoparam and Tejkiran were appointed much after the petitioner on the post of Safai Sevak i.e. on 08.04.1982 and 07.03.1984 who have already been promoted on the post of Sanitary Jamadar. The services of the petitioner are governed by the provisions of Rajasthan Municipalities (Class IV Services) Rules, 1964 (for short the Rules of 1964 hereinafter)
(3.) VIDE order dt. 08.04.1982 Annex.3 Kiran @ Tejkiran was appointed on the post of Safai Sevak and his services were confirmed vide order dt. 29.12.1986. He was promoted on the post of Sanitary Jamadar in the Pay Scale of Rs. 2610 -60 -3150 -65 -3540 vide order dt. 31.10.2002 Annex.8. Similarly Sayaria @ Sayarmal was appointed on the post of Safai Sewak vide order dt. 21.10.1982 Annex.4 and his services were confirmed vide order dt. 29.12.1986. Sayaria @ Sayarmal was also promoted to the post of Sanitary Jamadar vide order dt. 06.03.2002 and 21.10.2002. The facts stated by the petitioner with regard to the persons junior to him having been promoted on the post of Sanitary Jamadar have not been disputed. However, the respondents came with a case that the persons junior to the petitioner namely Sayaria @ Sayarmal, Kiran @ Tejkiran and Bhopa Ram have been given promotion on the recommendations of the then Chairman, Municipal Board lgnoring the seniority of the petitioner. Nothing has been shown as to whether any promotion can be given out of turn merely on the recommendations of the Chairman of the Municipal Board. In the circumstances therefore, in my view, the respondents have arbitrarily and capriciously denied promotion to the petitioner at least from the date his juniors named in the writ petition were promoted. The contention raised in the reply to give promotion merely on the basis of the recommendations of the Chairman, unless the rules provides has absolutely no basis. Nothing has been stated as to whether Rules of 1964 provides such promotion ignoring the seniority of others like the petitioner herein. In the circumstances therefore, the writ petition deserves to be allowed.;