SAWAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WITHOUT going into the detailed facts, the short question for determination is whether the petitioner should be allowed for continuing on the post of Revenue Inspector on temporary basis or not.

(2.) THE petitioner was taken into his service in Government of Rajasthan from erstwhile Jagir of Kotri as Fouzdar on 26 -8 -1957. He passed the Patwar Examination, 1962. Petitioner came to be appointed as Revenue Inspector in temporary capacity by promotion on 12 -12 -1977. The petitioner was sought to be reverted by order dated 2 -6 -1979. This order wag challenged by filing present writ petition. One of the grievances of the petitioner was that person junior to him i.e. respondents No. 4 to 15 are being retained where as he is being reverted from his temporary appointment. A return has been filed and it has been shown that because of stay order granted by this Court in the case of S.B. Civil Writ Petition No. 46/78, Shantilal Ojha v. State of Rajasthan, the seniority could not be finalised As such these persons are being allowed to continue as they have come by the way of absorption. But rejoinder has been filed by petitioner and the order dated 10th September, 1979 has been placed on record whereby the seniority list has been finalised. In that seniority list name of the petitioner appears at Item No. 7 in the seniority list, issued by the Board, whereas respondent's name appeared from 11 onwards. Thus, in view of the final seniority list, the position that emerges is that the petitioner cannot be reverted so long as the persons junior to him are being retained. So long as the persons junior to petitioner are retained, petitioner shall be retained.