Full Judgment
S.B. CIVIL WRIT PETITION No.3777/1999. Raghunath Singh Vs. State of Rajasthan & Anr. Order dated 23/09/2014 1/6 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: ORDER
:: S.B. CIVIL WRIT PETITION No.3777/1999. Raghunath Singh S/o Sh. Diwan Singh Vs. State of Rajasthan & Anr. Date of Order ::::
23. d September, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: None present for the petitioner. Mr. P.R. Singh, AAG for the State. -- BY THE COURT:
1. None is present on behalf of petitioner, though name of Mr. N.M. Lodha, Mr. V.D. Dadhich and M.A. Siddiqui are shown in the cause list.
2. Heard Mr. P.R. Singh, learned Additional Advocate General, appearing for the State and perused the record.
3. The present writ petition has been filed by the petitioner Raghunath Singh S/o Sh. Diwan Singh, in this Court on 06.09.1999 seeking following reliefs: - “It is, therefore, prayed that by an appropriate writ, order or direction: S.B. CIVIL WRIT PETITION No.3777/1999. Raghunath Singh Vs. State of Rajasthan & Anr. Order dated 23/09/2014 2/6 a) Writ petition be allowed; b) The requirement of higher education for promotion on the post of Ziledar may kindly be quashed. c) Respondents may kindly be directed to give third higher grade to the petitioner on completion of 27 years of service. d) Any other appropriate writ, order or direction which the circumstances of the case warrant, be passed in favour of the petitioner. e) Costs of the writ petition be awarded to the petitioner.”. 4. The petitioner was working as 'Patwari', has sought two reliefs in this writ petition, namely, promotion to the next higher post of Ziledar and grant of selection scale of the post of Deputy Collector upon completion of 27 years of service as 'Patwari' in view of Notification dated 25.01.1992 of the State Government.
5. The respondent- Department has since filed a reply to the writ petition, wherein the respondents in para 8 thereof have submitted that the selection scale was given to the petitioner on completion of 27 years of service and, therefore, the prayer No.2, quoted above, stands granted to the petitioner. Mr. P.R. Singh, learned counsel for the respondents, however, submitted that the requirement of Patwari to be graduate as S.B. CIVIL WRIT PETITION No.3777/1999. Raghunath Singh Vs. State of Rajasthan & Anr. Order dated 23/09/2014 3/6 condition for consideration of his case for promotion to the next higher post of Ziledar or the Deputy Collector, is a reasonable condition and the same cannot be quashed and set aside as prayed for by the petitioner.
6. In para 9 of the writ petition, the petitioner has averred only the following extent in support of his aforesaid, which reads as under: -
“9. That the facts and circumstances stated herein above makes it clear that now the educational qualification for the post of Ziledar has been fixed as graduation, whereas it was not so earlier. So also a bare perusal of the circular dated 6.9.97 would show that respondents want to give promotion only to those patwaris who have passed graduation. The contention of the petitioner is that for the purpose of promotion, no additional academic qualification can be fixed and the promotion is required to be given as per seniority as Patwari.”. 7. In reply to para 9, the respondents have stated as under: - “.... The Departmental Promotion Committee held its Meeting on 29th Sept. 2000, and persons, who were upto Serial No.434 in the Seniority List, have been selection & promoted against the vacancy for the year 1996-97 & the S.B. CIVIL WRIT PETITION No.3777/1999. Raghunath Singh Vs. State of Rajasthan & Anr. Order dated 23/09/2014 4/6 Departmental Promotion Committee is to be held, for Selecting and Promoting the persons against the vacancy for the year 1997-98 and if the petitioner would be selected prior to the period of his retirement dated 31.10.99, then the necessary Promotion would be provided to him, which is evident by perusing the letter No.619 dated 25.1.2001, issued by the Chief-Engineer, Irrigation, Raj. Jaipur. The copy of letter dated 25.1.2001, issued by the Chief Engineer, Irrigation Jaipur is being submitted herewith & marked as Ex.R.3. The writ petition filed by the petitioner, in respect of claiming or providing Selection Grade of Rs.2000/- Rs.3200/- is not maintainable and in respect of Relief requiring Higher-Education for promotion to the post of Ziledar, has become infructuous & is liable to be dismissed on both the counts.”. 8. Mr. P.R. Singh, learned AAG also relied upon the provisions of Rajasthan Engineering Subordinate Service (Irrigation Branch) Rules, 1967 (for short, hereinafter referred to as 'Rules of 1967'), which applied in the present case. He further argued that since the petitioner was appointed as Patwari in the Irrigation Department, therefore, he submitted that condition for promotion to the next higher post of Ziledar vide Column No.6 of S.B. CIVIL WRIT PETITION No.3777/1999. Raghunath Singh Vs. State of Rajasthan & Anr. Order dated 23/09/2014 5/6 Gr.III Schedule attached with the said Rules of 1967, clearly stipulated that the person concerned should possess the minimum qualification of graduation, which admittedly the petitioner did possess, as he was only matriculation passed person.
9. Having heard the learned counsel for the respondent State and upon perusal of the relevant record, this Court is satisfied that the petitioner is not entitled to any further relief in the matter and there appears to be no reasonable ground for holding that the qualification prescribed for promotion to the next higher post of Ziledar of graduation is not unreasonable in any manner. No relevant and reasonable grounds have been established in the writ petition for establishing how the qualification of graduation is unnecessary or irrelevant for such promotion to the next higher post in the Irrigation Department. The petitioner could have not insisted that such promotion should be given to the Patwari or the persons like the petitioner, merely on the basis of seniority and not on the basis of seniority coupled with a minimum qualification like Graduation, as has been prescribed in the relevant Rules of 1967.
10. As far as the grant of selection scale is concerned, the same has already been given to the petitioner and thus the prayer No.2 becomes infructuous; and while the prayer No.1 S.B. CIVIL WRIT PETITION No.3777/1999. Raghunath Singh Vs. State of Rajasthan & Anr. Order dated 23/09/2014 6/6 cannot be granted by this Court as discussed herein above. The writ petition, therefore, is found to be bereft of any merit and same deserves dismissal. The writ petition is, accordingly, d ismissed. No costs. A copy of this order be sent to the concerned parties forthwith. (Dr. VINEET KOTHARI), J.
DJ/- 85