PRITHVI SINGH RANAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition for writ is preferred to question correctness, validity and propriety of the judgment dated 5-2-2009 passed by learned Rajasthan Civil Services Appellate Tribunal, Jaipur (Camp-Jodhpur) in Appeal No. 74/2001 preferred by the petitioner for determination of his seniority in the cadre of Lower Division Clerk, vis-a-vis respondent No. 4. The factual matrix necessary to be noticed is that the petitioner entered in the services of the respondent Rajasthan State Institution of Public Administration, Udaipur being employed as Lower Division Clerk on ad hoc basis. As per Rule 25(5) of the Rajasthan Subordinate Offices Ministerial Staff Service Rules, 1957 (hereinafter referred to as "the Rules of 1957") the petitioner qualified screening and a written test on 1-9-1981 for the purpose of regularisation of his service as Lower Division Clerk, accordingly his service stood regularised. An order of confirmation was passed by the competent authority on 24-7-1987. The petitioner prior to confirmation in service was promoted as Upper Division Clerk on ad hoc basis vide an order dated 30-8-1986.

(2.) Respondent No. 4 Smt. Usha Kewaliya was employed as Lower Division Clerk on 15-11-1976 and she too faced screening and typing test for the purpose of regularisation of her services and qualified the same on 18-11-1980. An order of confirmation in her favour was passed on 20-2-1981. She sought voluntary transfer from Collectorate, Udaipur to the Rajasthan State Institution of Public Administration, Udaipur and her transfer was made under an order dated 1-8-1984 subject to placement of her seniority below the substantive appointees in the transferred office.

(3.) A seniority list of the Lower Division Clerks working with the Rajasthan State Institution of Public Administration, Udaipur was notified on 4-10-1993. In the list aforesaid the petitioner was placed on higher pedestal vis-a-vis the respondent No. 4. By acting upon a representation submitted by the respondent No. 4, seniority was assigned to her above the petitioner vide order dated 18-12-2000. She was placed at serial No. 2 and the petitioner was kept at serial No. 3 in the seniority list. Being aggrieved by the same the petitioner preferred a petition for writ before this Court but that came to be dismissed on 23.1.2001 on the count of availability of alternative remedy under the Rajasthan Civil Services (Service Matter) Appellate Tribunal Act, 1976. The petitioner, thus, agitated his cause before the Tribunal by way of filing an appeal, that came to be rejected on 5-2-2009.