SURAJ PRASAD CHATURVEDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) QUESTION which arises for determination in this Writ Petition is as to whether a person appointed to Rajasthan Administrative Service can be kept on probation for over a decade and as to whether he can be deprived of seniority, promotion, pay fixation ect. because the order of confirmation has not been passed by the competent authority.

(2.) PETITIONER , who is physically (orthopaedically) handicapped, joined government service as a senior teacher. In the year 1976, the RPSC advertised vacancies in Rajasthan Administrative Service which were to be filed in accordance with the provisions of the Rajasthan Administrative Service (Emergency Recruitment) Rules, 1976 (lateron changed to 1977). The petitioner appeared in the competitive examination held by the RPSC in July -August, 1977. The petitioner claimed that he is entitled to be considered for selection/appointment in terms of the Rajasthan Employment of the Physically Handicapped Rules,1976. Neither the State Government nor the RPSC acceded to his request. He, therefore, filed Writ Petition No.507/1978. The Writ Petition was allowed by a learned Single Judge of the High Court vide his judgment dated 6.10.79. The respondent, State of Rajasthan filed an appeal before the Division Bench. The Division Bench Special Appeal No. 149/81 State of Rajasthan v. Suraj Prasad Chaturvedi and another was dismissed on 8.11.85. According to the petitioner, although before the Division Bench the appellant's attempted to raise new controversy regarding question of reservation having not been allowed in the Rajasthan Administrative Service and that the petitioner had failed to secure minimum marks in the interview, the Division Bench however refused to entertain these controversies.

(3.) AFTER the petitioner hand reported for duty before the Department of Personnel on 22.7.81, he was asked to await posting orders. Thereafter for over six years and eight months the petitioner was kept awaiting posting orders. Orders were issued on 20.10.81, 11.10.82, 2.9.83, 28.4.84, 8.7.85, 2.5.88 and 23.2.88 for regularising the period spent by the petitioner under awaiting posting orders by treating the said period as on duty under Rule 7(8)(b) of the Rajasthan Service Rules, 1198. On 1.3.81 the Special Secretary, Department of Personnel and Administrative Reforms issued an order and posted the petitioner as Registrar, State Commission Office, Food & Civil Supplies Department (Headquarters), Jaipur against the newly created post.