RAM GOPAL PAREEK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONERS in all writ petitions were appointed as Fieldman/supervisor/village Level Workers in the Agriculture Department of the State of Rajasthan. Thereafter they were promoted to the post of Assistant Agriculture Officer. The services of the petitioners were initially governed by the Rajasthan Subordinate Services (Recruitment and other Service Conditions) Rules, 1960. Subsequently, in the year 1978 the respondent No. 1 State Government, in exercise of the powers conferred by proviso to Article 309 of the Constitution of India, framed rules for regulating recruitment to the posts in, and the general conditions of service of persons appointed to the Rajasthan Agriculture Subordinate Service, namely, the Rajasthan Agriculture Subordinate Service Rules, 1978 (for short "the Rules of 1978" ). Under the Rules of 1978 the recruitments or appointments to the post in the service are to be made by two methods, namely, (i) by direct recruitment in accordance with Part-IV of the Rules of 1978; and (ii) by promotion in accordance to Part-V of the Rules of 1978. The proportion of the aforesaid recruitments is to be in accordance to Column 3 of the Schedule which provides as under:- SCHEDULE Name of the Post Method of recruit- ment Qualification for direct re- cruitment Post From which pro motion is to be made Experience for pro motion Age limit Remarks 1 2 3 4 5 6 7 1. Assistant Agriculture Officer (Agriculture Assistant/agriculture Extension Officer/farm Manager ). 75% by di rect recruit ment. B. S. C. Agriculture from a University established by Law in India � � 35 years. 12% by promotion from Agriculture Supervisor. � Agriculture Supervisor. 10 years experience on the post mentioned in Column 4 including experience of the post of Agriculture Supervisor. 12% by promotion from Village Level Workers of Commu- nity Deve-lopment & Panchayat Depart- ment Village Level Workers of Community Develop- ment and Panchayat Depart- ment. 10 years Experience on the post mentioned in Column 4 2. Agriculture Supervisor 100% by direct recruitment. Secondary/ Matric with Agriculture Or Secon- dary/matric with (i) Diploma in Agriculture 28 years or (ii) Training in Soil Conser- vation from a Departmental Training Centre or any other recognised Institution. or (iii) Gram Sewak Training

(2.) SUBSEQUENTLY an amendment was brought about to the Rules and the Schedule where under the appointments to the post of Assistant Agriculture Officer were to be made 50% by direct recruitment, 45% by promotion from Agriculture Supervisors and 5% by promotion from village Level Workers of Community Development and Panchayat Department. Thus, it is apparent from the Rules of 1978 that the post of Assistant Agriculture Officer was to be filled in 75% by direct recruitment and later on 50% by direct recruitment. The qualification required from a candidate was B. Sc. (Agriculture) from a University established by Law in India. Twelve-and-a-half percent of posts of Assistant Agriculture Officer were to be filled in by promotion from the Agriculture Supervisors having ten years experience on the post and twelve percent of posts of Assistant Agriculture Officer were to be filled in by promotion from the post of Village Level Workers of Community Development and Panchayat Department having ten years experience. As per Rule, for filling up the post of Assistant Agriculture Officer, two methods are available, namely, (i) by direct recruitment and (ii) by promotion. The petitioners were promoted to the post of Assistant Agriculture Officer whereas certain other persons were recruited directly to the post of Assistant Agriculture Officer. The Agriculture Department published a common seniority list of the promotees as well as of the direct recruits on 5. 1. 1985 wherein the persons, promoted as Assistant Agriculture Officer, had been placed senior than those who have been recruited directly by Public Service Commission. Later on final seniority list was published by the Department and the seniority of the promotees was maintained.

(3.) THE writ petitions are allowed. THE Pay Scale Rules framed or amended from time to time in so far as they prescribe different pay scales for the direct recruits and the promotees to the post of Assistant Agriculture Officer are quashed.