N S BOHRA Vs. SURESH KUMAR HAWA

JUDGEMENT

(1.) THIS special appeal arises out of two judgments cum orders dated 8. 1. 96 and 10. 4. 97 passed by the learned Single Judge. First one was passed allowing S. B. Civil Writ Petition No. 818/79 of Suresh Kumar Hawa (respondent No. 3) and remanding the matter to the Rajasthan Civil Services Appellate Tribunal to examine the record and to see whether the procedure as prescribed under the Rajasthan Civil Services (Absorption of Surplus Personnel) Rules, 1969 (for short, "absorption Rules") has been followed or not, and, therefore, the judgment dated 23. 8. 79 of the Tribunal in appeal filed by the present appellant against publication of final seniority list cum order dated 23. 8. 79 was set aside. Second order dated 10. 4. 97 under challenge in this special appeal was passed by the learned Single Judge dismissing the review petition as time barred. The review petition was filed on 21. 3. 1996 against order dated 8. 1. 96.

(2.) CIVIL Writ Petition No. 818/79 was preferred by Suresh Kumar Hawa challenging the judgment dated 23. 8. 79 of the Tribunal whereby it allowed present appellant (N. S. Bohra's) appeal No. 638/1977 and in view of the findings on issue No. 3 - What should be the seniority of the appellants vis-a-vis respondents? It held that N. S. Bohra must be placed in the seniority list above the respondent Nos. 2 to 7 - The Tribunal however, dismissed appeal No. 525/1977 of S. C. Jain.

(3.) INDISPUTABLY, the appellant entered into service on 6. 7. 64 upon his initial appointment as Temporary Lecturer in Mining Engineering in Udaipur Polytechnic, whereafter he was regularly selected as such by a duly constituted selection committee on 24. 7. 65 and accordingly he was confirmed on 18. 8. 66. Sohan Chand Jain (respondent No. 3 herein and appellant before the Tribunal in his appeal) was initially appointed as Lecturer in Mining Engineering in Udaipur Polytechnic by order dated 7. 3. 67. However, S. C. Jain was declared surplus on 22. 7. 68 but absorbed as Assistant Mining Engineer on 2. 6. 69 in the Mines Department (respondent No. 8) whereas the appellant was declared surplus w. e. f. 31. 5. 70 as the Mining Engineering Department in Udaipur Polytechnic was closed by the State Government.