CW/15135/2020 of RAJASTHAN PRASHASANIK SEWA PARISHAD Vs UNION OF INDIA on 24 December 2020

1. Rajasthan Prashasanik Sewa Parishad, 2 Industrial Area,Near Dainik Bhaskar Office, J.L.N. Marg, Jaipur ThroughIts President Shaheen Ali Khan S/o Sh. Liaqat Ali Khan,R/o 61 Kidwai Nagar, Imli Phatak, Jaipur.Near Dainik Bhaskar Office, J.L.N. Marg, Jaipur ThroughIts President Shaheen Ali Khan S/o Sh. Liaqat Ali Khan,R/o 61 Kidwai Nagar, Imli Phatak, Jaipur.

2. Rakesh Sharma S/o Shri B.L. Sharma, Aged About 45Years, R/o A-6, JDA Flats, Lalkothi, Jaipur (Raj.) PresentlyPosted As JS, Revenue.Years, R/o A-6, JDA Flats, Lalkothi, Jaipur (Raj.) PresentlyPosted As JS, Revenue.

3. Sukhveer Saini S/o Shri Govind Ram Saini, Aged About47 Years, R/o 806, Unique Sanghi Apartment, MahaveerNagar, Jaipur (Raj.) Presently Posted as Ed, RBCL.47 Years, R/o 806, Unique Sanghi Apartment, MahaveerNagar, Jaipur (Raj.) Presently Posted as Ed, RBCL.

4. Mahendra Kumar Khinchi S/o R.N. Khinchi, R/o B-23, DeviChiranjeev Colony, Mahesh Nagar, Jaipur Presently PostedAs Additional Commissioner (II) (Admn.), Transport AndEx-Officio Joint Secretary To Government, Jaipur.Chiranjeev Colony, Mahesh Nagar, Jaipur Presently PostedAs Additional Commissioner (II) (Admn.), Transport AndEx-Officio Joint Secretary To Government, Jaipur.

5. Ajay Aswal S/o Shri J.P. Aswal, R/o A-224, HanumanNagar, Jaipur Posted As Jointed Secretary, FinanceDepartment.Nagar, Jaipur Posted As Jointed Secretary, FinanceDepartment.

6. Suresh Chandra S/o Late Sh. bhagwan Singh, R/o 363,Jaswant Nagar, Khatipura Road, Jaipur Presently PostedAs Officer On Special Duty, Election Department, Jaipur.Jaswant Nagar, Khatipura Road, Jaipur Presently PostedAs Officer On Special Duty, Election Department, Jaipur.

7. Jaswant Singh S/o Shri Birbal Singh Yadav, R/o D-10/101Chitrakoot Scheme, Jaipur Presently Posted As ManagingDirector, Rajasthan Seeds Corporation, Jaipur.Chitrakoot Scheme, Jaipur Presently Posted As ManagingDirector, Rajasthan Seeds Corporation, Jaipur.

8. Sunil Bhati S/o Shri D.L. Bhati, Aged About 47 Years, R/o53A, Shri Ram Nagar, Golyawas, Jaipur (Raj.). PresentlyPosted As DEO, Jaipur.53A, Shri Ram Nagar, Golyawas, Jaipur (Raj.). PresentlyPosted As DEO, Jaipur.

9. Shaheen Ali Khan S/o Sh. Liaqat Ali Khan, Aged About 46Years, R/o 61 Kidwai Nagar, Imli Phatak, Jaipur PresentlyPosted As JS, CMO.Years, R/o 61 Kidwai Nagar, Imli Phatak, Jaipur PresentlyPosted As JS, CMO.

----Petitioners

Versus

1. Union Of India, Through The Secretary, Department OfPersonnel And Training, North Block, New Delhi-110001.Personnel And Training, North Block, New Delhi-110001.

2. State Of Rajasthan, Through The Chief Secretary,Government Of Rajasthan, Secretariat, Jaipur-302006.Government Of Rajasthan, Secretariat, Jaipur-302006.

3. The Principal Secretary, Department Of Personnel,Government Of Rajasthan, Secretariat, Jaipur-302006.Government Of Rajasthan, Secretariat, Jaipur-302006.

4. Union Public Service Commission, Through The Secretary,Dholpur House, Shahajahan Road, New Delhi-110069.Dholpur House, Shahajahan Road, New Delhi-110069.

–---Respondents

5. Prem Sukh Bishnoi S/o Shri M.L. Bishnoi, R/o 401 GoldenHarmony, C-139 Mathur Colony Presently Posted AsSettlement Officer, Jaipur.Harmony, C-139 Mathur Colony Presently Posted AsSettlement Officer, Jaipur.

6. Nalini Kathotia D/o Sh. S.M. Kathotia, R/o F-19 SaraswatiNagar Jaipur Presently Posted Joint Secretary ToGovernment Home (Appeal) Department, JaipurNagar Jaipur Presently Posted Joint Secretary ToGovernment Home (Appeal) Department, Jaipur

7. Anil Kumar Agrawal S/o Late Sh. S.L. Agrawal, R/o 163Vishvesariya Nagar, Gopalpura Byepass, Jaipur PresentlyPosted As Joint Secretary To Government, TechnicalEducational, Rajasthan, JaipurVishvesariya Nagar, Gopalpura Byepass, Jaipur PresentlyPosted As Joint Secretary To Government, TechnicalEducational, Rajasthan, Jaipur

8. Sunil Sharma S/o Shri Damodar Prasad Sharma, AgedAbout 53 Years, R/o E-19, Gandhi Nagar, Jaipur (Raj.)Presently Posted As JS, Panchayati Raj DepartmentAbout 53 Years, R/o E-19, Gandhi Nagar, Jaipur (Raj.)Presently Posted As JS, Panchayati Raj Department

9. Rajendra Singh S/o Sh. Lohare Ram, R/o A-148, RamNagariya, JDA Scheme, Near SKIT Campus, Jagatpura,Jaipur Presently Posted As JS, Revenue.Nagariya, JDA Scheme, Near SKIT Campus, Jagatpura,Jaipur Presently Posted As JS, Revenue.

10. Maneesh Goyal S/o Shri S.C. Goyal, R/o E-14, GokhleMarg, C-Scheme, Jaipur Presently Posted As ExecutiveDirector, Rajasthan Tourism Development Corporation,Jaipur.Marg, C-Scheme, Jaipur Presently Posted As ExecutiveDirector, Rajasthan Tourism Development Corporation,Jaipur.

11. Jagveer Singh S/o Shri Girraj Prasad, R/o 82/39,Mansarovar, Jaipur Posted As Additional CommissionerCommercial Taxes Department.Mansarovar, Jaipur Posted As Additional CommissionerCommercial Taxes Department.

12. Kesar Lal Meena S/o Shri Jagannath Meena, R/o A-418,Siddharath Nagar, Jawahar Circle, Jaipur Presently PostedAs General Manager, Ganganagar Sugar Mills Limited,Jaipur,Siddharath Nagar, Jawahar Circle, Jaipur Presently PostedAs General Manager, Ganganagar Sugar Mills Limited,Jaipur,

13. Dr. Har Sahay Meena S/o Laxmi Narayan Meena, R/o A-553, Siddarath Nagar, Jawahar Circle, Jaipur Posted AsJoint Secretary, C.M.O.553, Siddarath Nagar, Jawahar Circle, Jaipur Posted AsJoint Secretary, C.M.O.

14. Bachnesh Agrawal S/o Shri Dwarka Prasad Agrawal, R/o2/62, AVS Flat, Gandhinagar, Jaipur Presently Posted AsSpecial Asstt. To Minister, Industries, State EnterprisesDepartment, Jaipur (Shri Parsadi Lal)2/62, AVS Flat, Gandhinagar, Jaipur Presently Posted AsSpecial Asstt. To Minister, Industries, State EnterprisesDepartment, Jaipur (Shri Parsadi Lal)

15. Moolchand S/o Late Sh. Kishana Ram, R/o 528, HanumanNagar Ext. Sirsi Road, Jaipur Posted As Joint Secretary,Minority Affairs Department.Nagar Ext. Sirsi Road, Jaipur Posted As Joint Secretary,Minority Affairs Department.

16. Mukesh Kr. Sharma S/o Shri R.K. Sharma, R/o B-29,Ashish Vihar, Ramnagaria Road, Jagatpura, Jaipur PostedAs Joint Secretary To Chief Secretary.Ashish Vihar, Ramnagaria Road, Jagatpura, Jaipur PostedAs Joint Secretary To Chief Secretary.

17. Gaurav Bajad S/o Lt. Shri Heeralal Bajad, Aged About 48Years, R/o E-6, Gandhi Nagar, Jaipur (Raj.) PresentlyPosted As JS, CMO.Years, R/o E-6, Gandhi Nagar, Jaipur (Raj.) PresentlyPosted As JS, CMO.

18. Rajnarayan Sharma S/o Shri Ramji Lal, R/o B-77, Scheme10-B Gopalpura Byepass, Jaipur Posted As AdditionalDirector Medical Education.10-B Gopalpura Byepass, Jaipur Posted As AdditionalDirector Medical Education.

19. Dr. Rashtradeep Yadav S/o Sh. Hemant Yadav, R/o C-75Nirman Nagar, Jaipur Presently Posted As D.S. HigherEducation.Nirman Nagar, Jaipur Presently Posted As D.S. HigherEducation.

20. Radhe Shyam Delu S/o Sh. B.R. Delu, R/o F-211, NewTransit Hostel, Gandhi Nagar, Jaipur, Presently Posted AsDD Minority Affairs Department.Transit Hostel, Gandhi Nagar, Jaipur, Presently Posted AsDD Minority Affairs Department.

----Proforma Respondents

For Petitioner(s)

: Mr. Manoj Kumar Bhardwaj with Mr. T.L. Pandey (heard through VC)T.L. Pandey (heard through VC)

For Respondent(s): Mr. M.S. Singhvi, Advocate General assisted by Mr. Darsh S. Pareek assisted by Mr. Darsh S. Pareek (heard through VC)

Mr. Amit Mathur, for Caveator (heard through VC) through VC)

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR HON'BLE MR. JUSTICE PANKAJ BHANDARI(Special Bench – Winter Holidays)

Judgment / Order

24/12/2020

1. Petitioners have preferred this writ petition inter aliaseeking relief that promotion should not be made to any Non-SCSOfficers on the post of IAS in Rajasthan Cadre.

2. It is contended by the counsel for the petitioners thatan Original Application was filed before the Central AdministrativeTribunal but the same has not been decided and no interim orderhas been passed by the Central Administrative Tribunal and postedthe matter in January, 2021. It is contended that the Non-SCSOfficers have no right to be selected to the post of IAS and only inspecial circumstance the Non-SCS Officers can be appointed. It isprayed that a direction be issued to the Central AdministrativeTribunal to decide the stay application prior to 30[th] of December,2021, the date fixed by the Committee for selection of Non-SCScandidates.

3. Learned Advocate General appearing for the State hasvehemently opposed the writ petition. It is contended that onlyCentral Administrative Tribunal is having the jurisdiction and theHigh Court can only entertain writ petition after final order ispassed by the Central Administrative Tribujhnal. Learned AdvocateGeneral placed reliance on the judgment of the Supreme Courttitled as L. Chandra Kumar vs. Union of India and Others, (1997)3 SCC 261. It is contended that the present petition does not lieas the Tribunal has not been impleaded as party. LearnedAdvocate General placed reliance on Udit Narain Singh Malpahariav. Additional Member Board of Revenue, Bihar and another, AIR1963 Supreme Court 786 (V 50 C 118). Learned Advocate Generalhas also submitted before the Court that as per the Rulespromotions are made from three categories; direct recruitment,promotion and selection from Non-SCS. It is argued that ifselection is not made upto 31[st] of December, 2020, the postswould lapse and the respondents would be in undue hardship.Learned Advocate General has placed reliance on Rana Randhir Singh and Others vs. State of U.P. and others, 1989 Supp (1)Supreme Court Cases 615, wherein the Apex Court held that stayshould not be granted in promotion matters.

4. Mr. Amit Mathur, counsel for Caveator contended thatthe Original Application pertains to the selection list of year 2018.The said selection list has already lapsed and the present writpetition is devoid of any merits.

5. In view of the prayer made in the instant writ petition,

Analysis

we have considered the contentions. We are of the consideredview that no directions can be given to the Central AdministrativeTribunal when Tribunal has not been impleaded as party. Thematter before the Tribunal is pending for the last more than oneyear and the petitioners did not press their application before theTribunal and once the Tribunal has already posted the matter inJanuary, 2021, this Court would not have any jurisdictiontoentertain writ of certiorari or issue any direction to theAdministrative Tribunal.

6. We are also of the considered opinion that the HighCourt can only exercise jurisdiction after final order is passed bythe Administrative Tribunal.

7. As is evident from the arguments advanced, the selectlist of 2018 under challenge, stood already lapsed. Hence, we areof the considered view that the present writ petition is devoid ofmerit and deserves to be dismissed in limine.

As is evident from the arguments advanced, the select

8. A copy of this order under the seal and signature ofCourt Master be provided to the counsel for the parties.

(PANKAJ BHANDARI),J

(GOVERDHAN BARDHAR),J