J S SIDHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -

(2.) PETITIONER J.S. Sidhu, respondent N.S. Pal and Intervener F.M. Gelani all of them are members of Rajasthan Ground Water Board Service constituted under the Rajasthan Ground Water Board Service Rules, 1969 (for short the Service Rules). The controversy involved in this writ petition has a chequerred history and while petitioner claims seniority over respondent Pal & Intervener Gelani, Pal and Gelani claim seniority over him.

(3.) THE writ petition has been opposed by the respondent as also by the Intervenor. THE gist of the reply of respondent No. 1 is that petitioner was never absorbed as Assistant Engineer and was given merely an appointment on a preference basis. THE word 'absorption' was wrongly used in the order dated 27.11.1968. Due to such mistake a wrong confirmation order was passed to be effective from 1.1.71. As and when, the mistake was derected, the orders were rectified. THE mistake had occurred due to a misrepresentation made by the petitioner in as much as petitioner submitted copy of a circular after due attestation being Ex. R./7. In this document, the date 1.12 69 had been changed to 1.12.68 while the date should have been 1.2.69 as contained in Annex, Ex. R/8 It was pleaded that final seniority assigned to the petitioner was proper and was in accordance with the modified orders issued by the government, which were quite just and proper.