GOVERDHAN BARDHAR, J. - (1.) This writ petition has been filed by Nathu Lal, who is serving the respondents in the Home Department on the post of Constable. He was appointed on the post of Constable vide order dated 29.03.1995.
(2.) Learned counsel for the petitioner submitted that the petitioner had his first child Durgesh Kumar from wedlock with his wife Smt. Shanti on 11.07.1997 and his second son Pradeep Kumar was born on 18.04.1999. Wife of the petitioner, Smt. Shanti then underwent sterilization operation on 13.12.1999 at Government Hospital, Dungarpur. Certificate issued by the Medical Officer, Government Hospital Dungarpur dated 13.12.1999 has been placed on record as Annexure-1. Contention of learned counsel for the petitioner is that the petitioner decided to restrict his family up to two children. It is only thereafter that the State Government issued notification on 20.06.2001 thereby introducing an omnibus amendment in the State Service Rules by promulgation of Rajasthan Various Service Rules by amending Rules of 2001. Amendment was also introduced in the Rajasthan Police and Subordinate Service Rules, 1989. By the aforesaid amendment, it was provided that no candidate shall be eligible for appointment to the service, who has more than two children on or after 01.06.2002. As regards existing employees, it was provided that no person shall be considered for promotion for five recruitment years from the date on which his/her promotion becomes due, if he/she has more than two children on or after 01.06.2002. This was further subjected to a proviso which stipulated that the person having more than two children shall not be deemed to be disqualified for promotion so long as the number of children he/she has on 01.06.2002 does not increase. Further explanation was provided that where a Government Servant has only one child from the earlier delivery but more than one child are born out of a single subsequent delivery, the children so born shall be deemed to be one entity while counting the total number of children.
(3.) Contention of learned counsel for the petitioner is that even though the petitioner did not intend to have any third child but to his shock and surprise, despite his wife having been subjected to sterilization operation, she became pregnant and ultimately delivered a girl child Dhara Kumari on 31.03.2003. The petitioner was granted first selection grade on completion of nine years service in the year 2004 but unfortunately on account of third child after 01.06.2002, he was denied benefit of second selection scale which became due in the year 2013. The petitioner submitted a detailed affidavit before the competent authority on 16.11.2015 giving all the aforementioned details and the circumstances in which third child was born to his wife. When the desired relief was not granted to the petitioner, he approached this Court by filing Writ Petition No. 11438/2015 at Principal Seat at Jodhpur which was decided vide judgment dated 26.10.2015 requiring the petitioner to submit representation to the respondents and directing them to decide the same. The petitioner accordingly submitted representation. However, the respondents vide order dated 09.02.2016 rejected that representation. Subsequently, when promotion of the petitioner on the post of Head Constable (General) became due, the respondents denied him promotion for five years for the vacancies of the year 2013-14 to 2017-18 again for the same reason.;