V.K. GAUR Vs. UNION OF INDIA
LAWS(RAJ)-2019-8-313
HIGH COURT OF RAJASTHAN
Decided on August 30,2019

V.K. GAUR Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) The petitioner has filed the instant petition by making following prayers:- "(i) direct respondents Nos. 1 to 5 to convene the review selection committee meeting within a month to consider the name of the petitioner for promotion to IPS against the vacancies of the year 2006-07; (ii) direct respondents that in the event of his selection to IPS he be given promotion, seniority and consequential benefits within one month from the date his juniors have been given promotion; (iii) direct respondents to review the name of Bharat Lal Meena promoted to IPS in view of the withdrawal of his promotion orders to selection scale of IPS vide order dated 18.2.2011; (iv) quash the promotion orders of Shri Bharat Lal Meena to selection scale of RPS against the year 1997-98 as indicated in the seniority list dated 15.3.2013; (v) direct respondents to reprepare the seniority list of RPS selection scale from 1996 onwards as per the cadre strength operating in the relevant year and no more; (vi) direct further to redraw the seniority list of RPS officers promoted to selection, super time and higher super time strictly according to the sanctioned strength in each cadre in the relevant years;"
(2.) The petitioner has pleaded in his petition that the respondent-State acted in arbitrary manner in denying legal right of the petitioner to be considered for promotion to Indian Police Service (IPS) in spite of order passed by the Division Bench in its judgment dated 05.10.2010 in D.B. Special Appeal (Writ) No. 352/2005 [V.K. Gaur v. State of Rajasthan and Anr.] whereby penalty order passed against the petitioner was set aside and all consequential benefits were given. The petitioner has also raised grievance challenging the action of the State Government of giving promotion to the junior officers while considering the petitioner's promotion to IPS.
(3.) The facts, in nutshell pleaded in the writ petition, are that the petitioner was appointed to Rajasthan Police Service (RPS) junior scale by direct recruitment, in the selection process held by RPSC in the year 1982. The petitioner has pleaded that final seniority list was issued by the State Government on 19.12.2005 showing position of seniority of RPS officers in the super-time scale, selection scale and senior scale and the petitioner is said to be assigned seniority at S. No. 68 in the senior scale against the year 1996-97.;


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