RAJESH VIJAYVARGIYA Vs. CHAIRMAN CUM MANAGING

JUDGEMENT

(1.) Petitioner Rajesh Vijayvargiya was appointed as a Sub-Engineer on daily wage basis alongwith Respondent No.4 Shri Suresh Kumar Soni on 22/12/1990. Vide Annexure P/4 dtd. 8/1/1992, the petitioner was regularized with private respondent No.4 with effect from 22/12/1990. The petitioner's name appears at Serial No.2 and the private respondent's name appears below him at Serial No.6. In order dtd. 22/12/1990 Annexure P/1 vide which by removing the anomaly of the administrative set up and on the basis of the performance, the daily wagers were temporarily regularized and the name of the petitioner appears above that of the private respondent.

(2.) Petitioner's case is that the aforesaid position continued upto 2012 when the petitioner was shown above the private respondent but in the year 2012, all of a sudden, this position was altered and the private respondent was given promotion on the post of Assistant Engineer in preference to the petitioner treating him to be senior. Petitioner had sought information under Right to Information Act and he was informed by the authorities that the said order was passed in terms of some Board Meeting No.43 Memorandum No.7 dtd. 15/12/1998 where the principle adopted for preparation of final gradation list is mentioned, which says that the State Government vide its order dtd. 9/1/1990 (copy enclosed as Annexure-1) had given direction for regularization of Class-III and Class-IV Employees, who were working on daily wage basis or on adhoc basis till 31/12/1988. The principle for fixing seniority was mentioned in the Circular, which reads as under:-

(3.) Thus, taking note of the Circular dtd. 9/1/1990, it is mentioned that the seniority of the private respondent is fixed above the petitioner because he was senior in age.