DEOKI NANDAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition is directed against the order of the Rajasthan Civil Services Appellate Tribunal Rajasthan, Jaipur hereinafter referred to as 'the Tribunal') dated 10 -3 -1980 whereby the Tribunal allowed the appeal of deceased N.K, Singh respondent which was prosecuted by his wife Smt. Pushpa Lata Chandel and set aside the order so far as it related to respondents Nos. 3 to 5 before the Tribunal. The orders Ex. 4 and Ex 7 dated 30 -11 -1977 and the order dated 25 -2 -1978 (Ex. 9) were quashed. Respondents No. 1 and 2 were directed to consider the case of promotion on the post of Statistical Assistant (except those held by respondents No. 3 to 5) on the basis of the seniority of the parties determined by the order dated 10 -7 -1978 as if any of the impugned orders were not passed at all It was further directed that the persons found suitable for promotion shall be given consequential benefits with effect from 30 -11 -1970.

(2.) THE brief facts which are necessary for the disposal of this writ petition are that one Shri N.K. Singh (who died during the pendency of the appeal and his wife Smt. Pushpa Lata Chandel was substituted for the appellant) filed the original appeal before the Tribunal against the order dated 30 -11 -1977 whereby the respondents No. 3 to 18 before the Tribunal were promoted on officiating basis from the post of Statistical Inspectors to the post of Statistical Assistants on temporary basis under Rule 27(1) of the Rajasthan Statistical Subordinate Service Rules, 1971 (here in after called 'the Rules of 1971') - After filing of the appeal respondent No. 2 passed another order dated 25 -2 -1978 by which these 16 persons were appointed as Statistical Inspectors with effect from 11 -1 -1972. The appellant thereafter amended the memo of appeal to challenge this order as well. Deceased N.K. Singh was appointed on the post of Progress Assistant on 1 -12 -1958 and in pursuance of that order he joined his services on 8 -1 -1959, His appointment was made on temporary basis for a period of six months or till selected candidates were made available by the Rajasthan Public Service Commissioner which ever is earlier. The appellant continued with the concurrence of the Rajasthan Public Service Commission till he was selected by the Commission for this post in the year l965. The appointment of the appellant on substantive basis was issued on 2 -7 -1965. He was sent on deputation to the Panchayat Samiti, Merta in the year 1967. All the posts of Progress Assitants in the Panchayat Samiti and Development Department were abolished and the appellant along with other Progress Assistants was declared surplus and sent to the G.A.D. for absorption in the Medical and Health Directorate on the post of Computers. In the pear 1972 the Rajasthan Statistical Subordinate Service Rules, 1971 (here in after called 'the Rules') were promulgated. The appellant was sent back to the Directorate of Economics and Statistics and he was appointed as Statistical Inspector by the order dated 16 -6 -1972 and was also promoted with effect from 14 -9 -1972. The post of Statistical Inspector was a promotion post to which Progress Assistants and Computers were entitled to be promoted. The contention of the appellant was that he was a duly selected Progress Assistant of the Rajasthan Public Service Commission and stood confirmed with effect from 14 -9 -1972. As against this the respondents No. 3 to 18 were appointed on temporary basis as Computers from the period 1960 to 1965 and were confirmed under Rules of 1971 with effect from 14 -9 -1972. They were in the meantime appointed as Statistical Inspectors in the year 1972 by the office order dated 18 -11 -1972. They were further promoted to the post of Statistical Inspectors on temporary basis with effect from 14 9 -1972. This order dated 18 -11 -1972 was subsequently withdrawn by the order dated 30 -11 -1977 Ex.4 and on the same day the order Ex. 7 was passed promoting 18 persons, including the 16 respondents from the posts of Statistical Inspectors to that of Statistical Assistant which is the next promotion post under the Rules The main grievance of the appellant was that this cannot be done without following the Rules of 1971 It was contended that this order was subsequently withdrawn but in the meantime the benefits given under this order were not withdrawn. The appellant also claimed seniority over these respondents and made a grievance that he has not been given his dues according to seniority. It was also submitted that after 5 years the order dated 25 -11 -1978 cannot be passed by which these respondents No. 3 to 18 have been shown to be duly selected to the post of Statitiscal Inspectors with effect from 11 -1 -1972 and thereby the further promotion of these persons by the order dated 10 -11 -1977 is violative of Articles 14 and 16 of the Constitution.

(3.) THE Tribunal after hearing both the parties held that the orders dt. 30 -11 -1977 Exs. 4 and 7 and the order dated 25 -2 -1978 Ex. 9 are not legal and set aside those orders and gave the direction as mentioned above. Aggrieved against this, the petitioners have approached this Court challenging the validity of the order dated 10 -3 -1980 passed by the Tribunal.