OM PRAKASH GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE, on similar set of facts, same reliefs have been claimed by the petitioners, the above writ petitions have been heard together and are being decided by this common order.

(2.) PETITIONERS have made following prayers in the writ petitions:- " (i) To struck down the criteria for promotion as laid down in rule 24, especially the entry in columns 4 and 7 to the post of S. No. 3 under the head of Administrative Officers and to the post of S. No. 1 under the head of Technical Officers, being violative of the provision of Article 14 and 16 of the Constitution of India. (ii) To declare that the clubbing of four different posts i. e. , Assessor, Office Supdt. , Revenue Officer grade II and Executive Officer Class IV for the purpose of promotion to the post of Executive Officer Class Iii and Revenue Officer Grade I is illegal, arbitrary and violative of the provisions of equality of law as well as provisions of Article 14 and 16 of the Constitution of India. (iii) Further be pleased to direct the respondent to amend the rule 28 of the Rajasthan Municipal Service Rules, 1963 so as to delete the word `substantive' before the word `appointment' and then to count/reckon the continuous service done on ad- hoc/temporary basis for more than 5 years, for the purpose of seniority. (iv) Further be pleased to direct the respondent to confirm the petitioner to the post of Revenue Officer grade II from the date of his initial appointment i. e. , 8. 9. 1978. (v) Further be pleased to direct the respondent to either amend the Rajasthan Municipal Service Rules, 1963 so as to make a rule of like nature of rule 8 (4) of the Rajasthan Municipal Subordinate Service Rules, 1963, giving retrospective effect, so as to give the benefit of ad-hoc/temporary service for the purpose of counting of seniority by confirming them from the date of the initial appointment on temporary basis or in alternative, it is prayed that the respondent be directed to delete the rule 8 (4) from the Rajasthan Municipal Subordinate Service Rules, 1963 so as to remove the anomaly and discrimination amongst offices of Rajasthan Municipal Services. (vi) To further direct the respondent to remove the anomaly with regard to pay scales amongst Assessors, Office Supdt. Executive Officer Class IV and that of Revenue Officer grade II and that of Revenue Inspectors, and further direct the respondent to pay Revenue Officers grade II in the pay scale higher than that of Assessors and Revenue Inspectors. "

(3.) IT appears that the contentions as raised in the present writ petitions are wholly hypothetical. IT is the discretion of the State Government to frame rules and also make necessary amendments from time to time looking to the exigencies of the services. IT is not for this court to adjudge equivalence of different services and also issue directions for making necessary amendments in the Rules. Large numbers of persons might have been given benefit of the amendments made in the Rules or even been given promotion as per the Rules existed at the relevant time long back. However, without giving them an opportunity of hearing, even otherwise, no directions can be issued for unsettling the whole settled position, more so, when no objection, grievance or even amendments were challenged by the petitioners at the relevant time in regard to their regularisation from the date of initial temporary appointment. The benefit has been given to all the employees covered by the Rules uniformally. IT is not the case of the petitioners that the benefit has been given to particular person or to a particular class of persons for some ulterior motives. Having considered entire facts and circumstances, the prayers as made in the present writ petitions cannot be entertained.