GIRWARDHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal by an unsuccessful plaintiff whose suit for declaration that he was entitled to be interviewed for permanent appointment to the Rajasthan Administrative Service has been dismissed by both the lower courts.

(2.) THE plaintiff's case was that he was a Naib Nazim in the year 1940 in the erstwhile State of Alwar and was working as a Magistrate First Class in April 1948 when the erstwhile State of Alwar was merged in the United State of Matsva which was again merged in the United State of Rajasthan in the month of May 1949. It was alleged that the Government of Rajasthan published the rules and instructions for selection of Government servants and fixation of seniority by notification dated 8.8.1950 published in the Rajasthan Rajpatra dated 12 - 8 - 1950, and since the plaintiff was eligible for appointment to the Rajasthan Administrative Service he made an application through proper channel The plaintiff's grievance is that the Committee constituted under the said rules was bound to call him for interview and consider his case for appointment to the Rajasthan Administrative Service. But the plaintiff was never called for interview and on his having made repeated representations he was informed vide letter dated 17 -7 -1958 from the Deputy Secretary to the Government of Rajasthan, Appointment (C) Department, Jaipur that the Selection Committee for 1957 had examined his case and his record of service, and had found that he was unsuitable to appointment to Rajasthan Administrative Service, He has, therefore, filed the present suit out for which this second appeal arises on 24 -10 -1959 praying that the order of the Government of Rajasthan dated 17 -7 -1958 (Ex. 1) be declared illegal and void and it may be held that the plaintiff is entitled to be interviewed for selection to Rajasthan Administrative Service under the 1950 Rules referred to above.

(3.) ON the pleadings of the parties the trial court framed the following three issues: