GHASIMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE writ petitions filed by Ghasimal involving a common question of fact regarding his status are proposed to decide by this order. Civil writ petition No. 26/79 is with regard to his claim for pension and the other is with regard to his promotion.

(2.) BRIEFLY stated the facts are these. The petitioner WJS appointed as 'Amin' in the Settlement Office of the then Jodhpur State and joined his service on 28 -5 1944. He was promoted as Kanoongo i.e. Settlement Inspector in the year 1949. On 1 -4 -1950 the Jodhpur State merged with the united States of Rajasthan. The petitioner continued to work as Inspector when he was promoted as Sader Munsarim vide order No. 7515 dated 15 -7 -1964 on temporary and ad hoc basis by the Board of Revenue. He continued to work on this post upto 8 -9 79. The pay scale in the year 1968 for the Sader Munsrim and Naib fehsaldar was the same and therefore, the post of Naib Tehsildar and that of Sader Munsarim were interchargable. The petitioner was ordered to be posted as Naib Tehsildar vide order dated 8 -10 -68. However, his order was stayed and, therefore, a number of Inspectors filed a writ petition in the High Court and get their reversions stayed. As, the petitioner was already holding the post of Sader Munsariu.hs did not file a writ petition and again joined as Sader Munsrim. The petitioner again vide order No. 28536 dated 8 -10 -69 was transferred or promoted as Naib Tehsildar on ad hocbasic. The Board of Revenue vide its order No. 19909 dated 17 -8 -70 transferred the petitioner as Naib Tehsildar in the colonisation Department where he continued to hold this post up to his superannuation. The respondents Nos. 4 -14 who were junior to the petitioner have been pro noted to the posts of Tehsildar ignoring the claim of the petitioner. Their seniority position as it stood on 25 -9 -69 is given below:

(3.) THE Board of Revenue, Rajasthan Ajmer issued an order dated 12 -6 -72 by which 62 substantive Inspectors were selected to the post of Naib Tebsildars. The case of the petitioner was not considered for the selection of these posts.