RAJASTHAN SAHAYAK KARMACHARI SANGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 9. 3. 1992 against the respondents with the prayer that the impugned condition mentioned in column No. 6 against the post No. 9 in the Schedule appended to the Rajasthan Animal Husbandry Subordinate Service Rules, 1977 (hereinafter referred to as "the Rules of 1977") constituting words. ". . . . on posts mentioned in Column 5" be struck down declaring it ultra vires and unconstitutional and furthermore, the respondents be directed to consider all the members of the petitioner-Union working on the posts of Jaldhari (Waterman), Sayis and Sweeper for promotion to the posts of Live-Stockman provided they are otherwise eligible in terms of the Rules in this regard.

(2.) IT arises in the following circumstances: The members of the petitioner-Union are employed in the Animal Husbandry Department on various posts such as Jaldhari, Sayis and Sweeper in Jodhpur zone. IT was submitted by the petitioner-Union that in the Animal Husbandry Department, the services of its employees are governed and regulated by the Rules of 1977 and the Rajasthan Class IV Services (Recruitment and Other Service Conditions), Rules, 1963 (hereinafter referred to as "the Rules of 1963" ). IT was further submitted by the petitioner-Union that the posts of Dresser and Laboratory Attendant are also governed by the Rules of 1977 and they have been placed at serial No. 10 of the Schedule appended to the Rules of 1977 and the posts of Peon, Jamadar and Daftari are governed by the Rules of 1963. However, for the posts of Jaldhari, Sayis and Sweeper, there are no rules and regulations governing them although these posts were also in the category of Class IV service. IT was further submitted by the petitioner-Union that on 29th Sept. 1987, a Notification was issued by the Director, Animal Husbandry in which the posts of Sayis, Jaldhari, Bull Attendant, Animal Attendant and Laboratory Attendant have been included in the Subordinate Services of Animal Husbandry Department and their age of superannuation was given as 58 years. A copy of the said Notification dated 29th Sept. 1987 is marked as Annex. 2. IT was further submitted by the petitioner that there is a Schedule appended to the Rules of 1977 and in that Schedule, at serial Nos. 9 & 10, there are two posts. The relevant portion of the Schedule appended to the Rules of 1977 is reproduced hereinbelow:- S. No. Name of posts Method of recruitment with percentage Minimum qualification and experience for direct recruitment 1 2 3 4 9. Live Stock Asstt/ Enumerator Milk Recorder & Labora- tory Asstt. Gr. IIi 25% by promotion & 75% by direct recruitment Secondary or its equivalent in Science with Biology as subject and 9 months training of Stockman/compounder 10. Dresser/laboratory Attendant 100% by promotion VIII Class passed with Hospital and Laboratory experience of atleast two years. Post from which promotion is to be made Minimum qualification & experience for promotion Remarks 5 Dresser & Laboratory Attendant VIII Class passed with 9 months' training of Compounder & Stock- men alongwith 5 years experience on posts mentioned in Column 5. Class IV servants other than those doing purely office job as Peon/jamadar Daftari etc. VIII Class passed with 5 years' experience on posts mentioned in Column 5. A bare perusal of Column No. 6 in front of post No. 9 clearly reveals that there is a qualification laid down for promotion on the post of Live-Stockman and Milk Recorder and other posts in which it is mentioned that a candidate must have passed Class VIII with 9 months' training of Compounder and Stockman alongwith five years' experience of the posts mentioned in Column No. 5. In Column No. 5 of the Scheduled appended to the Rules of 1977, there are only posts, which are Dresser and Laboratory Attendant. In this column, the posts of Jaldhari, Sayis and Sweeper have not been included for the purpose of experience, although these persons are working in the Veterinary Hospitals alongwith Laboratory Attendants and Dressers. Thus, obviously, there is no promotion avenue for the posts of Jaldhari, Sayis and Sweepers because for the posts of Live Stockmen, it is necessary that a candidates must have worked on the posts of Laboratory Attendant and/or Dresser. IT was further submitted by the petitioner Union that all those employees who have undergone the training of Stockman and who are working in the Department on the posts of Sayis, Jaldhari and Sweeper were not considered for promotion on the posts of Live- Stockman because in Column No. 6 in front of the post No. 9, as shown hereinabove, there is a condition that a candidate must be possessed of the experience for five years of the post mentioned in Column 5 which are Laboratory Attendant and Dresser. The grievance of the members of the petitioner-Union is that they are entitled for promotion on the posts of Live-Stockman if they are possessed of nine-months' training of Stockman, but the respondents are not considering their cases only on the ground that they are not working on the posts of Laboratory Attendant or Dresser as stipulated in Column No. 6 against the post No. 9 of the Schedule appended to the Rules of 1977. In this regard, it was submitted by the petitioner Union that the posts of Laboratory Attendant and Dresser are also in the category of Class IV service and the posts of Jaldhari. Sayis and Sweeper are also categorised in the same class. As such, they are all Class IV employees associated with a more or less similarly situated conditions of service and forming fragments of a coordinated function of single purpose, therefore, all those persons working in the Department and not governed by the Rules of 1963 for promotion on the posts of Lower Division Clerk are entitled for promotion on the posts of Live-Stockman after possessing all the requisite qualifications. But, to the dismay and derogation of these employees, the respondents are not considering the cases of Jaldhari, Sayis and Sweeper for promotion to the posts of Live- Stockmen only on the ground that they are not working on the posts of Laboratory Attendant or Dresser, which are mentioned in column No. 5. Therefore, the entry in column No. 6 that". . . . on posts mentioned in Column 5" is discriminatory, arbitrary and illegal so as to be violative of Articles 14 & 16 of the Constitution of India. IT was further submitted by the petitioner-Union that the said condition is totally illegal because it clearly comes in breach of the fundamental right of the members of the petitioner-Union for being considered for promotion on the posts of Live Stock Assistant. A reply to the writ petition was filed by the respondents on 12. 5. 1993.