SHISHU PAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition seeks to challenge appointment of respondent No. 2 as the Member of the Rajasthan Civil Services Appellate Tribunal. Contention of learned senior counsel for the petitioner is that respondent No. 2 on the date of appointment dated 31/7/2012 was not qualified for appointment as Member of the Tribunal. His first argument is that respondent No. 2 was member of Judicial Service and in Section 2(a) of the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976 (for short, the "Act of 1976"), the members of Rajasthan Higher Judicial Service and Judicial Service have been excluded. His second argument is that respondents by amending Rule 5 of the Rajasthan Civil Services (Service Matters Appellate Tribunals) Rules, 1976 (for short, the "Rules of 1976") have provided that the third member shall be an officer serving under the State Government or a retired Government servant and his terms and conditions of employment shall be governed by the Government. The State Government has admitted in their reply to the writ petition that respondent No. 2 was a member of Rajasthan Higher Judicial Service, he cannot be treated a government servant or for that matter, a retired government servant.

(2.) THIS Court does not find any merit in any of the argument of the petitioner. Section 2(a) of the Act of 1976 defines "civil services" in the context of scope and applicability of the Act and provides that for that purpose civil services would not include members of Rajasthan High Judicial Service and Rajasthan Judicial Services, employees of the High Court of Judicature for Rajasthan, employees of the Rajasthan Legislative Assembly Secretariat Staff and employees of the Rajasthan Public Service Commission. It only means that the employees, who are members of any of these services, cannot approach the Rajasthan Civil Services Appellate Tribunal for redressal of their grievance with regard to their "service matters" defined in Section 2(f) of the said Act relating to seniority, promotion, confirmation, fixation of pay, denying or varying pay, allowances, pension, reversion and withholding of pension. This provision cannot be by any stretch of reasoning so interpreted as to mean that a member of Rajasthan High Judicial Service cannot be a Member of the Rajasthan Civil Services Appellate Tribunal. In fact, this argument is contrary to the provisions of Section 3(2) of the Act of 1976, which inter -alia provides that the Tribunal shall consist of a Chairman, who shall be an officer of super time scale of Indian Administrative Service and at least two other members, one of whom shall be a member of the Rajasthan Higher Judicial Service.

(3.) A member of Rajasthan Higher Judicial Service or for that matter, member of the Rajasthan Judicial Service, thus is essentially a government servant, his appointing authority being Governor of the State. There is therefore no warrant for taking such a narrow interpretation as is sought to be placed on the meaning of "government servant" by the petitioner. There being no merit, writ petition is dismissed.