RAJNEESH LABANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioners seeking a direction to the respondents to include and consider their names for promotion in the DPC for the post of Senior Patwari for the year 2021-22 and include the names of the petitioners being senior and meritorious for promotion on the post of Senior Patwari with all consequential benefits.

(2.) It is, inter-alia, indicated in the petition that the recruitment to the post of Patwari was conducted by the Rajasthan Staff Selection Board wherein, the petitioners were wrongly deprived of selection and as such, the petitioners approached this Court by filing writ petitions. The writ petitions came to be allowed on 10/4/2018 (Annex.1) wherein, the petitions were allowed and the respondents were directed to accord appointment to the petitioners on the post of Patwari after considering all other conditions, eligibility and merit. Further directions for grant of all the benefits at par with other similarly situated candidates were given. Whereafter, in compliance of the judgment (Annex.1) the Selection Board issued final select list for TSP area on 6/7/2018, the petitioners were declared successful to be appointed as Patwari in TSP area assigning merit. The petitioners were accorded appointment by the concerned Collector (Land Record) by order dtd. 1/8/2018 and in the appointment orders the petitioners were assigned their merit. It is submitted that the petitioners were more meritorious than the candidates, who were originally appointed pursuant to the recruitment notification and were wrongly denied appointment, which came to be granted after the judgment of this Court. The petitioners joined the duties and their services were later on confirmed.

(3.) The respondents thereafter issued a final seniority list as on 1/4/2022 and the petitioners were assigned their seniority as per their merit position as awarded by the Staff Selection Board. It is thereafter indicated that vide notification (Annex.8) dtd. 21/10/2021 the schedule appended to the Rajasthan Revenue (Land Records, Settlement and Colonization) Subordinate Service Rules, 2019 ('Rules') came to be amended, whereby Schedule-I appended to the Rules was substituted wherein, the post of Senior Patwari was created, which was to be filled in 100% by promotion from the Patwari requiring five years' experience on the post of Patwari.