NARIAN SINGH Vs. STATE AND ANR.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner with the prayer that the respondents be directed to give the same consequential monetary benefits to the petitioner as were given to his junior Shri Roshan Lal Agarwal, vide order dated 08/09/1994. Further, it is prayed that interest be also paid thereupon. The case of the petitioner is that he was appointed in the year 1961 as Probation Officer in Social Welfare Department, State of Rajasthan. He was confirmed as Probation Officer in October, 1980 and thereafter promoted as Assistant Director. In the month of April, 1989 the petitioner was promoted as Deputy Director and later in the month of January 1992 he was promoted as Joint Director. According to counsel for the petitioner, Shri Roshan Lal Agarwal was junior to the petitioner. The respondent had not raised any dispute in respect of inter se seniority between him and Roshan Lal Agarwal.

(2.) The Roshan Lal Agarwal had filed a writ petition before the High Court which was decided on 22/03/1988 and the Court directed that the screening of Shri Agarwal should be done in accordance with the Rule 6(4) of the State Service Rules and the seniority list dated 05/03/1977, which was impugned in that writ petition, was also quashed. The principles for fixation of seniority as laid down in the sub -Rule (2) of Rule 27 of the Rajasthan Social Welfare Service Rules, 1963 were also quashed. Subsequently, a fresh seniority list of Probation Officer and Social Welfare Officer, as on 01/07/1967 was prepared on 03/05/1989 and the name of the petitioner in the said list was at serial No. 3 and that of Roshan Lal Agarwal at No. 4. After seniority list dated 03/05/1989, as all the consequential benefits having not been given by a Division Bench of this Court while allowing the writ petition filed by Roshan Lal Agarwal, an order was passed on 17/07/1990 in a Review Petition that the petitioner be entitled to all consequential benefits.

(3.) But even then Roshan Lal Agarwal was not given all consequential benefits and as such he filed another writ petition (2436/92) and the same was allowed on 14/09/1993 (Annexure -3), wherein the respondents were to give all consequential benefits within a period of two months. Pursuant to the order of the High Court, the department issued a letter on 06/01/1994 to the Director Social Welfare Department conveying the sanction of the Governor for creation of a Supernumerary post with a view to restore the seniority and promotion of Roshan Lal Agarwal in the Department, for the post of Assistant Director from 23/10/1971 to 31/12/1977 and for the post of Deputy Director from 01/01/1978 to 31/03/1986 and the post of Joint Director from 01/04/1986 to 31/03/1990. Thereafter, the Director Social Welfare Department, respondent No. 2, issued an order on 08/09/1994, in compliance of the High Court judgment dated 14/03/1993, and all consequential benefits were to be given in cash to Shri Roshan Lal Agarwal.