AMRIT LAL GUJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In all these writ petitions, the petitioners have sought common relief and, therefore, they are being decided by this common order. Facts of the case, necessary for disposal of all these writ petitions, are being taken from SBCWP No. 663/2008, which are thus, the Board of Revenue, Ajmer issued an advertisement dated 06.01.1999 (Annexure-P/1), inviting applications (from 25 Districts of Rajasthan) from eligible candidates for the post of Patwari under the provisions of Rajasthan Land (Land Records) Rules, 1957 (for short 'the Rules of 1957' hereinafter). The petitioners, being eligible, applied for the post of Patwari and in pursuance of the advertisement, they were called for appearing in written test conducted on 8th and 9th May, 1999, result thereof was declared on 10th August, 1999 and the petitioners were declared successful.

(2.) In the meantime, on 23.07.1999, the Registrar, Board of Revenue wrote a letter to the Deputy Secretary, Revenue Department, Government of Rajasthan that the result of Patwar Examination, held in pursuance of the advertisement dated 06.01.1999, is expected shortly and the selected candidates are required to send for Patwar Training but as the State Government has informed the Board of Revenue that the training course of selected Patwaris should not be started before getting the permission from the Finance Department, thus, the permission from Finance Department be accorded so that the training of the selected Patwaris be started immediately after 15th August, 1999. It is also mentioned in the order that the training of the selected candidates is necessary in the interest of the Government as the work will suffer if the Patwaris are not posted.

(3.) On 17.07.2000, the Director and Special Secretary, Panchayati Raj Department, Government of Rajasthan, Jaipur issued letters to the Vikas Adhikaris of the Panchayat Samities, informing that the State Government took a decision to appoint all the successful candidates of Patwar Examination, 1999 on the post of Gram Sewak purely on temporary basis on a fixed salary of Rs. 1200/- per month after giving relaxation in the Rajasthan Panchayati Raj Rules, 1996, (for short 'the Rules of 1996' hereinafter) pertaining to appointment of Gram Sewak-cum-Secretary and directions were given to give appointments to those candidates as per the decision of State Government. In the letter dated 17.07.2000, it is mentioned that the sanction for appointing the successful candidates of Patwar Examination, 1999 on the post of Gram Sewak is in accordance with the concurrence given by the Personnel Department as well as the Finance Department of the State Government.