AARTI BHATNAGAR Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) The petitioner has prayed for a direction to accord her seniority after counting her services rendered on ad hoc basis from 14.10.1988 till her regular appointment on 22.10.1997 and quashing of the order dated 24.5.2007 whereby she has been shown confirmed with effect from 27.11.2006 instead of her initial regular appointment on 22.10.1997. She has also sought a direction for her promotion to the post of Senior Lecturer (Textile Designing) and Head of Department, with all consequential benefits from the date persons junior to her have been promoted. She has also challenged the vires of rule 28 of the Rajasthan Technical Education Service Rules, 1973 (hereinafter referred to as 'the Rules of 1973).

(2.) An advertisement was issued by the Technical Education Department, Government of Rajasthan for urgent temporary appointment on the post of Lecturer for 3 months or till regular selection by the Rajasthan Public Service Commission, whichever is earlier, on 5.8.1988 (Annx.1). The petitioner applied for appointment in terms of this advertisement and was appointed on urgent temporary basis as Lecturer (Textile Designing) on 14.10.1988 (Annx.2). The appointment of the petitioner on temporary basis was extended from time to time till her regular selection vide order dated 22.10.1997. Upon regular selection of the petitioner through R.P.S.C. she was appointed on the post of Lecturer (Textile Designing) on 22.10.1997 (Annx. 15).

(3.) On 12.7.2001 the respondents issued a provisional seniority list wherein the petitioner who was working as Lecturer (Textile Designing) was placed at serial No. 21 by indicating her date of joining in the year 1997-98. The petitioner filed a representation against this provisional seniority list. However, temporary seniority list was published on 16.9.2003 and the petitioner was placed therein after counting her service from the year 1997-98.