GUMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The learned single Judge of this Court has referred this writ petition to the Division Bench as according to him two questions arise for decision :

(2.) The petitioner Guman Singh filed a writ petition under Art. 226 of the Constitution challenging the order Annexure 12 dated Oct. 9. 1975 passed by the State Government by which the petitioner who was working as Assistant District Supply Officer in the Food and Civil Supplies Department ("Supplies Department" herein) was sent back to the post of Stenographer in the Office of the Director. Technical Education, Jodhpur and respondents Nos. 3 to 17 were absorbed as Assistant District Supply Officers in the Rajasthan Food and Civil Supplies Subordinate Service.

(3.) The material facts are these: The petitioner was appointed as a lower division clerk in the Education Department in 1957. He was promoted as an upper division clerk in 1959. He was appointed as Stenographer in the office of the Director Technical Education, Rajasthan Jaipur. He was confirmed on the said post with effect from Aug. 19, 1960 by order Annexure 1 dated Oct. 24, 1963. On July 25, 1964 the Government invited applications for the appointment to fifty posts of Enforcement Officers and fifty posts of Enforcement Inspectors in the office of the Supplies Department. He submitted an application for appointment on the post of Enforcement Officer. By order Annexure 2 dated Nov. 26, 1964, he was appointed as Enforcement Officer on probation for six months. By order dated June 11, 1968 he was promoted as Area Supply Officer. It appears that by order Annexure 6 he was promoted on the post of Assistant District Supply Officer The Government required the petitioner to exercise his option as to whether he would like to remain in the Civil Supplies Office and the petitioner by his letter Annexure 7 dated Oct. 17, 1970 opted being absorbed on the post on permanent basis in the Civil Supplies Department. In Harinarain Sainik Vs. State of Rajasthan, Civil Misc. Writ Petn. No. 683 of 1967, decided on Sept. 14, 1970 , it was held that the appointment made on the post of Enforcement Officer in the Supplies Department in pursuance of the order dated July 25, 1964 had not been made in accordance with the provisions of the Rajasthan Subordinate Service (Recruitment and other Service Conditions) Rules, 1960 and were thus invalid. After the decision in Harinarain Sainik's case (supra) the Government of Rajasthan framed the Rajasthan Food and Civil Supplies Subordinate Service (Initial Constitution and Emergency Recruitment) Rules 1973, which will hereinafter be referred to as "the 1973 Rules" to provide for the initial constitution and the emergency recruitment to the posts in the Rajasthan Food and Civil Supplies Subordinate Service. These Rules were published in the Rajasthan Gazette dated June 7, 1973. The posts of Enforcement Officer. Area Supply Officer and Assistant District Supply Officer were included in the Rajasthan Food and Civil Supplies Subordinate Service which was sought to be constituted under the 1973 Rules. Rule 5 is as under:-