RAMSHARAN SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SHRI Ramsharan Sharma, who is a member of the Rajasthan Agriculture Service in Group-C, seeks an appropriate writ, direction or order against the State of Rajasthan and the Director of Agriculture commanding them to promote the petitioner with effect from March, 1962 when respondent No. 6 SHRI M. M.Jain was promoted as Deputy Director of Agriculture and, if necessary, the State Government be further required to create a supernumerary post for the petitioner as Deputy Director and further he be declared senior to respondents Nos. 3 to 11 in Group-B of the schedule appended to the Rajasthan Agriculture Service Rules, 1960, hereinafter to be referred as the "Rules".

(2.) THE petitioner is an Agriculture Graduate from the Agra University. He joined the service under the former Matsya Union and on the integration of that Union with the united State of Rajasthan he came to be appointed in the service of the new State. Like him, Shri M. M. Jain, respondent No. 6, was also appointed in the service of the former Matsya Union and he too came to be appointed in the State of Rajasthan. THE petitioner claims that when the united State of Rajasthan apponted him, as a result of intergration of services, a seniority was assigned to the petitioner in the year 1951 (vide order dated 9-2-51) above Shri Jain. THEir relative seniority was recognised even by two subsequent orders namely, one passed on 23rd August, 1967 (Ex. 1) and the second passed on 25th January, 1968 (Ex. 2). THE petitioner relies on this order Ex. 2 which specifically mentions that the seniority or the gradation list as the same has been described shall be in force retrospectively from 1-11-56.

(3.) AS regards Shri Jain the crucial question falling for consideration is as to who was senior and in considering this question the effect of order Ex. R./4 has to be considered. It is beyond dispute that on the formation of Rajasthan certain high powered committees were appointed for the integration of the services and separate committees or selection boards were appointed for various services or department. Their function was not only to select officers, but to arrange them in an order of seniority for each category of civil servants and further the order of seniority was to be effective from the date of the order. Ex R/5 is the order passed on 9-2-51. The petitioner appears under category 7, that of Farm Managers, at No. 3. Shri Jain's name appears at No. 6 in Ex. R/5. None other than the Government had adhered to this order of relative seniority of these two officers when they divided the cadre of Farm Mangers in two grades vide Ex. 1 dated 23rd August, 1967. The petitioner appears at No. 3 under column for Grade I Farm Managers and Shri Jain's name appears at No. 7. Then it appears that while preparing the seniority of officers, on the integration of the Ajmer State with Rajasthan consequent to the reorganisation of the States, in accordance with what is popularly known as the Tilak formula the relative seniority of the petitioner and the respondent was maintained as it existed in the order Ex. R/5. This order was passed by the Governor under Art. 309 of the Constitution read with provisions of sec. 115 (b) of the States Reorganisation Act. This order shall, therefore, have the force of law. It is made retrospective from 1-11-56 that means that by the force of law whatever inter-se seniority existed came to be superseded and supplanted by the order of the seniority mentioned in Ex. 2. I may read Ex. R/4 at this point: "GOVERNMENT OF RAJASTHAN AGRICULTURE DEPARTMENT No. F. 30(152) Agr (Gr. I)/53 Jaipur, dated the 24th Feb., 1961 From The Secretary to the Government Agriculture Department, Jaipur. To The Director of Agriculture, Rajasthan, Jaipur. In continuation of this Department letter No. F. 30 (152) Agr/53 dated the 9th April, 1955,1 am directed to convey the sanction of the Governor for placing Shri M.M. Jain, Grade I Farm Manager as the senior-most in the seniority list of the Farm Managers announced vide Appointments Department No. F. 4(4) Apptts/C/51 dated 9-2-1951. Sd/- (M.L. Baheti) ASSTT. SECRETARY TO GOVERNMENT."