AJAY KUMAR JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal has been filed under the High Court Ordinance of 1949, against the judgment and order of the learned Single Judge passed in S. B. C. W. Petition No. 6972/92, wherein the appellant-petitioner had challenged the seniority list of Drug Inspectors and was claiming that his name should have been placed higher on the seniority list by granting him benefit of the appointment while he was functioning in a temporary capacity on the post of Drug Inspector.

(2.) IT appears that the petitioner had been initially appointed on 26. 2. 1977 in a temporary capacity on ad-hoc basis on the post of Drug-Inspector and continued to function for a period of seven years. Thereafter the petitioner was not granted a regular appointment on the post but a fresh selection for the post of Drug-Inspectors was initiated by the Rajasthan Public Service Commission in the year 1984. The petitioner also applied for the post and by virtue of fresh selection, he was granted an order of regular appointment on 17. 11. 1984 on which he continued. In the year 1992 a seniority list of Drug Inspectors was prepared and the petitioner was assigned his place on the seniority list by taking the date of his regular appointment which was granted to him in the year 1984 vis-a-vis the persons who had also been appointed in the year 1984. The petitioner assailed the seniority list and submitted before the department that while preparing the seniority list, his seniority should have been counted from the year 1977 when he was appointed in a temporary capacity and not from 1984 when he was appointed afresh by the R. P. S. C.