KRISHNA AUTAR MAHESHWARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed the present writ petition against his threatened reversion from the post of Statistical Officer. The petitioner was appointed as Statistical Inspector on 15th June, 1961 on ad hoc basic. The petitioner was thereafter selected by the Rajasthan Public Service Commission and he came to be regularly appointed on the post of Statistical Inspector. Thereafter the petitioner came to be confirmed on the post of Statistical Officer with effect from 1st March, 1969. The petitioner was promoted to the post of Statistical Assistant on temporary basis but later on he was confirmed on this post with effect from 18th June, 1979. The petitioner came to be promoted to the post of Statistical Officer by order dated 31st March, 1980 for a period of four months or till a duly selected candidates from the Rajasthan Public Service Commission or Departmental Promotion Committee are available which ever is earlier. This period of temporary appointment of the petitioner was extended from time to time and last extension was given vide order dated 17/19th September, 1984.

(2.) THIS writ petition has been filed by the petitioner because he apprehends that he is likely to be reverted now. The service condition of the petitioner is governed by the Rajasthan Economics and Statistical Service Rules, 1958 (here in after referred as the Rules of 1958). There are two sources of recruitment for this post, namely, be direct recruitment and by promotion. The direct recruitment is governed by Part IV of the Rules of 1958 and recruitment by promotion is governed by Part V of the Rules of 1958. The petitioner has submitted that the Government of Rajasthan in a reply filed before the Rajasthan Civil Services Appellate Tribunal in Appeal No. 12 of 1984 filed by Shri B.S. Yadav has taken the position as under:

(3.) IN this connection I may also reproduce relevant Clause (b) of Rule 8 of the Rules of 1958 amended vide Notification dated 17th October, 1984 as under: