Arun Madan, J. - (1.) The petitioners in D.B. Civil Writ Petition Nos. 2812/96, 3086/96, 6208/96 and 4918/97 are the officers of Rajasthan Police Service (for short "R.PS.") while the petitioners in D.B. Civil Writ Petition Nos. 2545/96, 2675/96, 4726/96 (646/97) & 2963/96 are the officers of Rajasthan Administrative Services (for short "R.A.S.") who have moved this court by way of the aforesaid writ petitions filed under Article 226 of the Constitution of India for their grievances in the matter of redressal & denial of promotional benefits as a result of improper placement in the respective order of seniority quo reserved category candidates & restoration of their consequential seniority & other benefits inaccordance with the Rules applicable to them.
(2.) R.P.S. Officers in Writ Petition No. 2812/96 and in other three connected writ petition Nos. 3086/96, 6208/96 & 4918/97 have sought directions from this Court for modification of the common seniority-list drawn by the respondents in the R.P.S. cadre issued on 30.6.1990 indicating the position of the respective candidates in the order of their respective seniority as on 1.7.1987 and also the subsequent seniority-list issued by the respondents in modification of the earlier seniority-list dated 1.7.1987 and also the subsequent seniority position of the candidates as a result of improper placement in their respective order of seniority in R.PS. cadre by the D.P.C's/review D.PC's convened from time to time on the strength of the judgment passed by Hon'ble Supreme Court in the matter of Ajit Singh Januja v. State of Punjab and others reported in JT 1996 (2) S.C. 727, 1996 Vol. 2 SCC 715 by not extending the benefit of consequential seniority to the petitioners who fall in general category consequent upon the extension of out of turn benefits as a result of accelerated promotions to the candidates belonging to the reserved category of Scheduled Caste and Scheduled Tribe while the petitioners and other similarly placed persons who are much senior to the other candidates in the reserved category who have been unlawfully deprived of their promotional avenues from R.PS. to I.PS. cadre of central service as a result of benefit of accelerated promotions as having been extended to the candidates falling in reserved quota of SC/ST categories for in excess of the prescribed percentage as fixed for reservation promulgated and followed by the State Government in violation of the Rajasthan Police Subordinate Service Rules, 1989 (for short "Rules of 1989") read with the Indian Police (Appointment by Promotion Regulations, 1955 (for short "Regulations of 1955") issued in pursuance of Sub-rule (1) of Rule 9 of the Indian Police Service (Recruitment) Rules, 1954 (for short "Rules of 1954"), by the Central Government in consultation with the State Government of Rajasthan and the Union Public Service Commission and Rajasthan Public Service Commission. The petitioners in R.P.S. cadre having been aggrieved by the impugned action of the respondents in not making proper placement of the petitioners in respective order of their seniority qua reserved category candidates belonging to SC/ST and having not rectified the existing anomaly as apparent on the face of the impugned order dated 19.1.1996 in accordance with the guidelines laid down by the Apex Court in the matter of Ajit Singh Januja v. State of Punjab & Ors. (supra) in which it has been clearly held that extending the benefit of accelerated promotions to the candidates belonging to the reserved category does not by itself extend the benefit of consequential seniority over and above general category candidates and the respondents, as a matter of fact, were duty bound to maintain running account of the candidates in respective order of their seniority on year to year basis and the impugned orders, dated 19.1.1996 and 2.2.1996 which were passed by the respondents in gross violation of the Rules and the guidelines of the apex court laid down in the above matter due to accelerated promotions having been given to the reserved category candidates has resulted in deprivation of fair opportunity of promotions to the petitioners in the selection and super time Scales of R.P.S. and to I.P.S. cadre and to further promotional posts in the said cadre. They have further sought direction from this court with regard to the circulars, Rules and the procedure adopted by the respondents in violation of Rules 8, 9, 28-A and 33 of the Rules of 1954 or any other circular issued by the respondents in accordance with the said Rules which provide for maintaining year to year account of vacancies for candidates of reserved category be also declared ultra-vires of Articles 14, 15, and 16 of the Constitution of India in so far as the promotion to I.P.S. cadre and other higher posts falling in the said category in favour of such candidates qua the candidates belonging to the general category notwithstanding tie candidates belonging to the reserved category being junior in order o seniority to the general category candidates who rank senior to them from the dates of their respective appointments and the benefit of consequential seniority in the next promotional post having been extended by the respondents to such reserved quota candidates be declared illegal, ultra-vires of the aforesaid constitutional provisions and non-est in the eyes of law in view of the arbitrary and discriminatory approach adopted by the respondents in making recommendations for selection to higher posts from state to central service of the union pursuant to the recommendations of Rajasthan Public Service Commissions for short 'R.PS.C.' & Union Public Service Commissions for short 'U.PS.C.' in I.P.S. & I.A.S. respectively.
(3.) The petitioners who are officers belonging to category of R.A.S. in writ petition Nos. 2545/96 and other three connected writ petitions i.e. 2675/96, 4726/97 (646/97) & 2963/96 filed under Article 226 of the Constitution of India have sought to challenge the vires of Rules 8 and 33 of the Rajasthan Administrative Service Rules, 1954 (hereinafter referred to as "the Rules of 1954") as being violative and ultra-vires of the provisions of Arts. 14 and 16 of the Constitution of India consequent upon which the benefit of accelerated promotions to next promotional posts have been extended to the candidates belonging to reserved quota i.e. SC/ST for in excess of the prescribed percentage as fixed by the State Government which has resulted in deprivation of fair opportunity of promotional benefits to next higher posts to candidates belonging to general category as a result of the impugned orders passed by the respondents in gross violation of the criteria of reservation as prescribed under the Rules and in violation of roster system resulting in grave injustice to the petitioners who belong to the general category of the officers in R.A.S. The common grievance which they have all urged in their aforesaid writ petitions and highlighted by their learned counsel during detailed hearing at the Bar in short, is that private respondents Nos. 2 to 5 namely; Suraj Mal Meena, Shankarlal Verma, Ramkhilari Meena and Gurudayal Arya and likewise in other connected writ petitions were not only promoted prior to the date when the promotion was actually due for said posts to the petitioner contrary to the Rules but were also extended the benefit of promotion to the Selection, Scale and super-time scales and where illegally conferred of the benefit of seniority by virtue of accelerated promotions resulting in deprivation of fair and legitimate benefits due to the petitioners who belong to general category in gross violation of Rule 33 of the Rules 1954 contrary to the guidelines laid down by the apex court in the case of Ajit Singh Januja v. State of Punjab & Ors. (supra). The petitioners have accordingly sought direction from this court not only for restoration of the seniority due to them from the date when their immediate juniors, i.e., respondent Nos. 2 to 5 were promoted by superseding the petitioners in Selection Scale of R.A.S. and further promotion to the I.A.S. or Supertime Scale irraccordance with Rule 33 of the Rules of 1954 and have sought to -hallenge the impugned actions of the respondents in having extended the ;aid benefits to respondent Nos. 2 to 5 as arbitrary and being violative of Rule 33 of the Rules of 1954 which they have sought to be declared as ultra- ires of Arts. 14 & 16 of the Constitution of India. They have further sought direction from this court to declare the impugned actions of the respondents with regard to the benefit of out of turn promotions extended to respondents No. 2 to 5 and other similarly placed reserved category candidates in connected writ petitions in violation of roster system which obviously cannot confer on them any preferential right to be considered for further promotions on the next promotional posts fro, a the general category seats and henceforth the promotions to be made as regards the general category candidates should strictly on the basis of original panel and seniority position as prepared in accordance with the Rules and in this respect the inter-se seniority of the general category candidates qua the reserved category candidates should not be affected by virtue of out of turn and favoured promotions to respondent Nos. 2 to 5 and other similarly placed reserved category candidates. They have further urged their grievance that as a result of. out of turn promotions given to the reserved category candidates for and in excess of the prescribed percentage as per the policy of State Government and as envisaged under Rule 8 of Rules of 1954 cannot be the basis for disturbing the seniority of general category candidates on the original panel and consequently cannot confer any benefit of seniority to the private respondents over and above their erstwhile seniors in the panel. Hence they have sought declarations to the effect that Rule 33(1) of the Rules of 1954 in so far as it provides for determination of seniority on a promotional post on the basis of regular selection to such posts, be declared null and void and ultra-vires of Arts. 14 & 16 of the Constitution of India and the proviso (iii) to Rules 33(1) of the Rules of 1954 be declared ultra-vires of Arts. 14 & 16 of the Constitution of India and consequently the out of turn accelerated promotions to respondent Nos. 2 to 5 as also to other reserved category candidates made in terms of Rule 8 of the Rules of 1954 shall not confer any benefit to the candidates belonging to SC/ST category on account of accelerated seniority and the original panel position of the petitioners over and above respondent Nos: 2 to 5 and likewise the petitioners in connected writ petition Nos. 3086/96, 6208/96 & 4918/97 have also challenged the benefit of out of turn promotions extended to private respondents belonging to reserved category who were junior to the said petitioners if reckoned from their respective dates of appointment in R.P.S. and hence not entitled to be benefit of accelerated promotions extended to them in violation of the Rules. Hence, they have sought the relief of restoration of their respective seniority and proper placement as per their entitlement in accordance with the Rules by drawing up a fresh common seniority list in accordance with the Rules by convening a Selection Committee/Review D.P.C. the earliest.;