This review petition was dismissed for lack of merit. The court held that a circular dated 07.05.1988 did not assist the petitioner because the Larger Bench judgment in Shanker Lal Verma had already considered such aspects for vacancies occurring after the rule amendment.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Review No. 114/2018
Om Prakash Deora S/o Shri Balkishan Deora, R/o Ghosinada, Nagore.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. D.R. Mehra. For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
13/11/2018
This review petition has been filed by the petitioner seeking review of order dated 05.04.2018 passed by this Court in SBCW No.1755/2003.
In the said writ petition, the plea raised by the petitioner was regarding consideration of the petitioner’s candidature for the post of LDC prior to the persons junior to him were considered and promoted.
The Court relying on judgment of Larger Bench in Shanker Lal Verma v. The Rajasthan State Electricity Board : 1999(1) RLW 55 , came to the conclusion that as the qualification for the post of
(2 of 2)
[WRW-114/2018]
LDC stood amended and even if the petitioner was possessing qualification, which was equivalent to unamended qualification, the petitioner was not entitled for promotion.
In the review petition, reliance has been placed on a circular dated 07.05.1988 filed as Annex.-2, inter alia, indicating that the said circular was not taken into consideration while deciding the writ petition.
A perusal of the circular indicates that it provides for grant of promotion for the vacancies of the year prior to the amendment of qualification in Rules of 1963. The said aspect was specifically dealt with in the case of Shanker Lal Verma (supra), wherein it was laid down by the Larger Bench that amended qualification shall not be applicable to the vacancies, which had occurred prior to the date of enforcement of the amended Rule and as such the said aspect was already taken into consideration by this Court and as the vacancies, for which the petitioner was seeking relief from the Court pertained to the period subsequent thereto, the said circular does not come to the aid of the petitioner.
In view of the above discussion, there is no substance in the review petition, the same is, therefore, dismissed.
(ARUN BHANSALI)J.
PKS-74
1 issue framed by the court
Whether the circular dated 07.05.1988 regarding pre-amendment vacancies supports the petitioner's claim for promotion after a larger bench judgment settled the law on this matter.
Colour shows how this judgement treated each authority
Shanker Lal Verma v. The Rajasthan State Electricity Board : 1999(1) RLW 55Relied on¶21
Om Prakash Deora
State Of Rajasthan
Director Prosecution-Cum-Special Secretary
Assistant Director Prosecution
Satya Narain
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
