RAJENDRA SWAMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 18. 12. 2001 with a prayer that by an appropriate writ, order or direction the impugned seniority list dtd. 12. 11. 2001 (Annex. 8) issued by the State Government be quashed and set aside and the respondents be directed to prepare fresh seniority list by reckoning entire service of the petitioner i. e. service from the first appointment i. e. 2. 7. 83.

(2.) IT arises in the following circumstances: i) The petitioner was initially appointed as Junior Engineer in the Municipal Board, Sangaria vide order dtd. 30. 6. 83 (Annex. 1) passed by the Chairman, Municipal Board, Sangaria and after completion of probation period, the petitioner was made permanent by order dtd. 16. 11. 90 (Annex. 2) with effect from the date he completed his probation period i. e. 2. 7. 85. ii) Thereafter the petitioner submitted a representation citing the similar cases wherein the persons on completion of probation period were made substantive from the date of initial appointment and, therefore, vide order dtd. 22. 9. 99 (Annex. 3) passed by the Executive Officer, Municipal Board, Sangaria (respondent No. 2), the order dtd. 16. 11. 90 (Annex. 2) was amended and the petitioner was made permanent with effect from 2. 7. 83, the date of his initial appointment in place of 2. 7. 85. (Thus, through order dtd. 22. 9. 99 (Annex. 3), earlier order dtd. 16. 11. 90 (Annex. 2) was amended and the petitioner was made permanent with effect from 2. 7. 83 in place of 2. 7. 85 ). iii) Further case of the petitioner is that a provisional seniority list was published on 21. 5. 97. The petitioner submitted his objection vide application dtd. 28. 5. 97 (Annex. 4 ). However, without considering the petitioner's representation a final seniority list was issued on 6. 11. 97 (Annex. 5) in which the name of the petitioner was shown at serial No. 65 while the persons shown at serial No. 55 to 64 were those who were appointed after the date of initial appointment of the petitioner i. e. 2. 7. 83, meaning thereby that junior persons were shown senior to the petitioner. The ground which had prevailed in the mind of the respondents was that since the petitioner vide order dtd. 16. 11. 90 (Annex. 2) was made permanent with effect from the date he completed the probation period i. e. on 2. 7. 85, therefore, the petitioner was shown junior. iv) Further case of the petitioner is that the seniority list dtd. 6. 11. 97 (Annex. 5) was challenged by the petitioner before this Court and this Court directed the petitioner first to avail alternative remedy before the Rajasthan Civil Services Appellate Tribunal, Jaipur and in consequence of that, the petitioner filed an appeal bearing No. 293/97 before the Rajasthan Civil Services Appellate Tribunal and the same is pending before the Rajasthan Civil Services Appellate Tribunal at Jaipur. v) That while the appeal of the petitioner was pending before the Rajasthan Civil Services Appellate Tribunal at Jaipur, the Director, Local Bodies (respondent No. 1) again issued a tentative seniority list (Annex. 6) of Junior Engineers on 16. 8. 2001 and in that list, the petitioner was shown at serial No. 18 below the private respondents. vi) Further case of the petitioner is that he submitted a representation dtd. 20. 8. 2001 (Annex. 7) against the tentative seniority list dtd. 16. 8. 2001 (Annex. 6 ). However, without considering his representation, a final seniority list (Annex. 8) was published by the State Government on 12. 11. 2001 and again in that seniority list (Annex. 8), the petitioner was shown at serial No. 34 below the persons whose date of initial appointment was later than the petitioner's date of initial appointment. vii) Aggrieved from the seniority list dtd. 12. 11. 2001 (Annex. 8), this writ petition has been filed by the petitioner.

(3.) THERE is no dispute on the point that in the seniority list dtd. 6. 11. 97 (Annex. 5), the petitioner was shown junior to respondents No. 3 to 7. THERE is also no dispute on the point that seniority list dtd. 6. 11. 97 (Annex. 5) was challenged by the petitioner by filing appeal No. 293/97 before the Rajasthan Civil Services Appellate Tribunal, Jaipur and the same is pending there.