KISHAN LAL MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) It is not necessary in the circumstances of this case to narrate the facts leading to the filing of the writ petition in detail. It would be sufficient to say that the petitioner has challenged the seniority list published by the Chief Accounts Officer, Rajasthan in respect of the members of the Rajasthan Subordinate Accounts Service. It may be recalled that an earlier Seniority list of the Accountants included the Rajasthan Subordinate Accounts Service was quashed by this Court in the case of Rambabu's us. Suits of Rajasthan Consequent to the decision of this Court is Rambabu's case, referred to above, the Chief Account Officer, Rajasthan published a fresh seniority list of the members of the Rajasthan Subordinate Accounts Service" by his notification dated July 3; 1973; which was challenged by the petitioner in this writ petition.

(2.) However, it Has come on the record that the petitioner was promoted to the Rajasthan Accounts Service against the promotion quota of the year 1962, by the order of the State Government dated December 14, 1962 and that he was also confirmed in the Rajasthan Accounts Service with effect from June 6, 1962 by the very same order dated December 14, 1962 It also appears from the record that the petitioner was subsequently promoted as a Senior Accounts Officer in an officiating capacity with effect May 26, 1971. According to the petitioner, no order of his reversion was ever passed by the State Government at any time from the post of Senior Accounts Officer and it is his case that he continued to hold the post of Senior Accounts Officer till the date of his retirement from Government service with effect from January 1, 1975.

(3.) Since the petitioner has now retired from Government service it is not necessary for this Court in this case to enter into and decide the question regarding the validity or legality of the seniority list issued by the Chief Accounts Officer on July 3, 1973 in respect of the members of the Rajasthan Subordinate Accounts Service. It would not be of any consequence to decide the aforesaid question now as the petitioner has retired from Government service. The petitioner has stated before this Court that no order was ever passed reverting him from the post of Senior Accounts Officer and that he Continued to hold the said post of Senior Accounts Officer from May 26, 1971 upto the date of his retirement and in these circumstances it is expected that the petitioner would be allowed to draw his pension in accordance with the Rules in force in this matter, namely on the basis of the last pay drawn on the post of Senior Accounts Officer held by him at the time of his retirement. In my view; the consideration of the question of seniority of the members of the Rajasthan Subordinate Accounts Service would now be entirely of academic interest alone, in view of the fact that the petitioner has since retired from Government service & the fixation or re -fixation of his seniority would no longer affect his future prospects in service. It was in view of the retirement of the petitioner that the stay order passed by this Court on February 18, 1974 was also with drawn by this Court by its' order dated January 29, 1976 and for the very same reason of the retirement of the petitioned, I do not consider that any useful purpose would be served by entering now into the question of the validity or otherwise of the seniority list dated July 3, 1973, so far as the petitioner is concerned.