S.B. Civil Writ Petition No. 587 of 2011. Case: Sher Singh Vs State of Rajasthan and Ors.. Rajasthan High Court
| Case Number | S.B. Civil Writ Petition No. 587 of 2011 |
| Judges | Gopal Krishan Vyas , J. |
| Issue | Rajasthan Civil Services (Pension) Rules, 1996 - Rule 53(1); Constitution of India - Articles 226, 227 |
| Citation | RLW 2011 (2) Raj 1120 |
| Judgement Date | January 21, 2011 |
| Court | Rajasthan High Court |
Judgment:
Gopal Krishan Vyas, J.
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This writ petition has been filed by the Petitioner with the following prayer:
(i) by an appropriate writ, order or direction, the orders dated 28.11.2000 (Annexure-3) and 11.11.2009 (Annexure-5) may kindly be quashed and set aside and the appeal filed by the Petitioner before the appellate Tribunal registered as 252/2007 may kindly be allowed, further Respondents may be directed to reinstate the Petitioner form the dated 28.11.2000 and be allowed all the consequential benefits from date 28.11.2000;
(ii) by an appropriate writ, order or direction which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the Petitioner;
(iii) Costs of the writ petition may kindly be awarded to the Petitioner.
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Admittedly, the Petitioner was appointed in the Police Department as Constable on 24.7.1970 by the Superintendent of Police, Jalore. Thereafter, he was promoted to the post of Head Constable on 25.12.1975 and, further, on the post of Assistant Sub-Inspector on 1.8.1980. In the year 1988, the Petitioner was promoted to the post of Sub-Inspector vide order dated 22.8.1988.
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For further promotion on the post of Inspector, the Petitioner was called for facing writt ten examination and other proceedings on 23.11.1997 and 24.11.1997. Thereafter, Petitioner was allowed to face the out-door test conducted on 25th and 26th of December, 1997; but, the Petitioner was not selected for promotion to the post of Inspector.
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The Petitioner preferred appeal before the Rajasthan Civil Services Appellate Tribunal, Circuit Bench, Jodhpur for issuing direction to promote the Petitioner after considering his merit and, in pursuance of the order passed by the Tribunal in Appeal No. 71/1998, the Petitioner submitted a representation to the Respondents to consider his candidature in accordance with the direction given by he Tribunal but his candidature was rejected. Thereafter, being aggrieved with the rejection of his candidature for the post of Inspector, the Petitioner preferred S.B. Civil Writ Petition No. 4617/2000 before this Court; and, during the pendency of the said writ petition, the Petitioner was given compulsory retirement on 28.11.2000 while exercising powers conferred by Rule 53(1) of the Rajasthan Civil Services (Pension) Rules, 1996. Against said order, the Petitioner preferred S.B. Civil Writ Petition No. 398/2008 but the same was dismissed with...
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