SURENDER KUMAR Vs. RAJ. RENEWABLE ENERGY COOP.

JUDGEMENT

(1.) HEARD learned counsel for the parties. In this case petitioner is claiming service benefit right from his initial appointment in parent Department -Rajasthan State Co -operative Oilseed Growers Federation Limited (Tilam Sangh). Petitioner has also prayed for quashing Annex. 5 dt. 19.05.2003 and Annex. 7 dt. 13.01.2006, whereby, he was denied selection scale as provided under Finance Department Notification dt. 25.01.1992.

(2.) THE case of petitioner is that he was appointed in 1993 on the post of Shift Incharge in Tilam Sangh. Thereafter, in the year 1995 he was sent on deputation to the respondent Department and later on when posts of Junior Project Officers were advertised by the respondents vide Annex. 3 dt. 09.09.1999, petitioner was absorbed on the said post in the pay scale of 5500 -9000 in the respondent Department vide order dt. 11.12.2001 (Annex. 4). Petitioner is claiming selection scale on the basis of length of service right from his initial appointment in Tilam Sangh w.e.f. 27.08.1993. It is also prayed that at least respondents may be directed to calculate his service period for grant of selection scale from the date when he joined the respondent department on deputation instead of counting his service w.e.f. the date of absorption i.e. 11.12.2001.

(3.) PER contra, learned counsel for the respondents while inviting attention towards reply argued that service conditions are required to be governed as per terms of order of appointment. The present employer after due selection has absorbed the petitioner on the post of Junior Project Officer. Initially petitioner was appointed on substantive basis as Foreman (Mechanical) in Tilam Sangh from where he was sent on deputation and he worked for sometime. Thereafter, pursuant to advertisement for the post of Junior Project Officer, petitioner filed an application and upon consideration of his candidature, he was found suitable for absorption, consequently he was absorbed vide order dt. 11.12.2001 (Annex. 4) Upon perusal of order Annex. 4 it is evident that it was made clear to the petitioner that his seniority will be reckoned from the date of appointment and following condition was incorporated in the order dt. 11.12.2001 (Annex. 4):