GIRDHARI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has come up before us on a reference made by a learned Single Judge of this Court.

(2.) THE petitioner entered Government service in the State of Rajasthan on September 1, 1954 arid after working on various posts he came to be appointed as Assistant traffic Inspector in the Roadways Department by order dated January 17, 1961 After he was selected for the aforesaid post by the Rajasthan Public Service Commission, he was confirmed in the said post on August 11, 1964. While the petitioner was working in the Roadways Department of the State Government, the Rajasthan State Road Transport Corporation (hereinafter called 'the Corporation') was constituted and the services of the petitioner along with several other employees were placed on deputation at the disposal of the Corporation. The order of the State Government, by which the services of the petitioner and others were placed at the disposal of the Corporation specifically provided that for the duration of the period of deputation of Such employees to the Corporation, supernumerary posts shall be Sanctioned separately in the directorate of Transport for retaining the lien of the petitioner and other employees, who were similarly sent to the Corporation.

(3.) IN the present writ petition, the grievance of the petitioner is that the persons junior to him in the former Roadways Department were observed on the post of Motor Vehicles Sub Inspector in the Directorate of Transport, while the petitioner was declared surplus, and was absorbed as the clerk in the Medical &, Health Department. Three of such persons, who have been absorved in the Transport Department as Motor Vehicles Sub -Inspectors, have been joined as respondents. Musaddilal, Satya Prakash Sharma, and Hari Narayan respondents were also holding the posts of Assistant Traffic Inspectors in the Corporation at the time when they were reverted and they were absorbed in the Transport Department of the State Government, as Motor Vehicles Sub -Inspectors, Learned counsel for the petitioner contended that the petitioaer was discriminated against, in as much as although his juniors have been absorbed in the Transport Department itself, as Sub -Inspectors, on the basis of supernumerary posts created to maintain the lien of all such persons including the petitioner, yet the case of the petitioner was not considered for absorption in the Transport Department itself but he was sent to the Medical and Health Department as an Upper Division Clerk.