[Civil Appeal No. 9544 of 2013 arising out of S.L.P. (C) No. 21202 of 2011]. [Civil Appeal No. 9545 of 2013 arising out of S.L.P. (C) No. 21201 of 2011]. Regard being had to the identic issue involved in both the appeals they were heard together and are disposed of by a common judgment. For the sake of convenience the facts from the appeal arising out of S.L.P. (C) No. 21202 of 2011 are adumbrated herein. 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. The persons from the junior Scale are promoted to senior scale and thereafter to super time scale. The Rules provide that the person who has six years experience in junior scale becomes eligible for consideration to senior scale. A seniority list was published on 19.8.1997 wherein the name of the respondent found place at serial number 51 in junior scale. In respect of vacancies in the promotional posts arising against the quota of 1996-97 a Departmental Promotion Committee (DPC) was convened and on the basis of recommendations of the DPC persons junior to the respondent were promoted. It is apt to mention here that the criterion for promotion was seniority-cum-merit.
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