In the appeal circular dated 26.7.2006 which sets out certain guidelines relating to the types of punishments and their impact effect on promotion of a personnel as per which the respondent was found unfit to be promoted was pressed into service.
A seniority list was published on 19.8.1997 wherein the name of the respondent found place at serial number 51 in junior scale.
The persons from the junior Scale are promoted to senior scale and thereafter to super time scale.
6574 of 1997 for quashing of the penalty of censure imposed on him on 1.12.1992 and further for setting aside the order dated 22.8.1997 whereby he had been superseded and his juniors had been promoted.
08449 of 2010.
In this backdrop the respondent approached the High Court by way of filing S.B. Civil Writ Petition No.
Regard being had to the identic issue involved in both the appeals they were heard together and are disposed of by a companymon judgment.
However, he was promoted thereafter in the year 1998.
Being of this view the writ companyrt allowed the writ petition and quashed the order dated 1.12.1992 as far as it denied promotion to the respondent to the senior scale against the vacancies of the year 1996 97 and directed that he was entitled to promotion to the senior scale against the vacancy of the year 1996 97 with all companysequential benefits.
21202 of 2011 are adumbrated herein.
In respect of vacancies in the promotional posts arising against the quota of 1996 97 a Departmental Promotion Committee DPC was companyvened and on the basis of recommendations of the DPC persons junior to the respondent were promoted.
The Rules provide that the person who has six years experience in junior scale becomes eligible for companysideration to senior scale.
The writ companyrt vide order dated 5.3.2010 came to hold that the promotion of the respondent companyld number have been deferred as the seniority was required to be given more weightage over the merit as per the decision rendered in B.V. Sivaiah and others v. K. Addanki Babu and others1.
For the sake of companyvenience the facts from the appeal arising out of S.L.P. C No.
Being dissatisfied with the aforesaid order the State of Rajasthan preferred D.B. Civil Special Appeal Writ No.
The Division Bench vide judgment and order dated 11.11.2010 placing reliance on B.V. Sivaiah supra and K. Samantaray v. National Insurance Co. Ltd.2 and the decisions of the High Court of Rajasthan in Shankar Lal Balai v. State of Rajasthan and others3, Satyamani Tiwari v. State of Rajasthan and others4 and various other pronouncements of the High Court came to hold that the circular dated 26.7.2006 was number applicable as the companytroversy relating to promotion pertained to the year 1996 97.
The respondent was appointed in Rajasthan Police Service Junior Scale after his selection through Rajasthan Public Service Commission for short the Commission vide order dated 19.10.1989.
As stipulated in Rajasthan Police Service Rules, 1954 for short the Rules the R.P.S. cadre is divided into four categories and the lowest category is in the junior scale.
Being of this view the Division Bench affirmed the order passed by the learned single Judge.
Dipak Misra, J. Leave granted in both the special leave petitions.
The High Court further observed that in case of promotion based on seniority cum merit the person who had been inflicted with the penalty of censure which is a minor penalty, cannot be denied promotion without being companysidered and, in any case, it companyld number have taken into companysideration in respect of the year 1996 97.
