STATE OF RAJASTHAN Vs. BACHHRAJ SONI

JUDGEMENT

(1.) THIS appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is directed against the order dated 27.1.1997 passed by the learned single Judge of this Court in S.B. Civil Writ Petition No. 2298 of 1987 whereby the writ petition filed by the petitioner -respondent was allowed and the order dated 9.6.1987 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur was set aside and the respondents were directed to correct the seniority list published on 28.10.1985 by placing the petitioner at proper place reckoning his services from 11.9.1964.

(2.) THE brief facts leading to this appeal are: that petitioner -respondent Bachhraj Soni was appointed as Lower Division Clerk against a vacant post vide order Annexure/1 dated 10.9.1964 and was posted in Tehsil Taragarh. He came to be confirmed on the post of Lower Division Clerk with effect from 14.9.1972 vide order Annexure/2 dated 28.10.1972. Thereafter, the services of the petitioner were transferred to the Transport Department, Govt. of Rajasthan, on his desire, against a vacant post and he was posted in the office of the District Transport Officer, Banner vide order dated 29.4.1978. The above transfer was effected with concurrence of the Heads of both the Departments.

(3.) AGAINST this provisional seniority list dated 30.1.1985, the petitioner made a representation mentioning therein that he has already been confirmed on the post of Lower Division Clerk with effect from 14.9.1972, that is prior to his transfer in the Transport Department and, therefore, he could not have been shown as confirmed Lower Division Clerk with effect from a later date i.e. 4.6.1983. However. considering the petitioner to be a fresh appointee in the Transport Department, a final seniority list was published on 28.10.1985 showing his date of confirmation as 4.6.1983. In these circumstances, the petitioner filed an appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur challenging the date of his initial appointment and confirmation shown in the final seniority list. In the final seniority list, he was shown to be an appointee of 5.5.1978 instead on 16.9.1964. His date of confirmation was also shown as 4.6.1983 instead of 14.9.1972. The petitioner -respondent has prayed for assigning correct dates of his appointment and confirmation and consequential benefit of assigning seniority on the post of Lower Division Clerk.