RAM PRAKASH PATHAK Vs. STATE AND ORS

JUDGEMENT

(1.) Instant petition has been filed assailing judgment dt.31/05/94 whereby Rajasthan Civil Services Appellate Tribunal, Jaipur dismissed appeal of petitioner wherein, holding that he is entitled for seniority on the post of Commercial Taxes Inspector ("CTI") on which he was appointed after selection through Rajasthan Public Service Commission ("PSC") vide order dt.18/01/82 (Ann.5), and not w.e.f. 01/03/1974 - date of his joining as Inspector Gr.II in Land & Building Tax Department ("LBT Inspector").

(2.) Contextual facts relevant for purposes of controversy raised herein are that petitioner joined on 20/09/73 on being appointed vide order dt. 03/09/73 (Ann.1) as LBT Inspector Trainee initially on temporary basis; and thereafter as LBT Inspector Gr.II on probation against temporary post vide order dt. 01/03/74 (Ann.2); and confirmed w.e.f. 27/02/81 vide order dt.10/09/81 (Ann.4). While working as LBT inspector Gr.II, petitioner appeared in Rajasthan Subordinate Services Competitive Examinations and was declared successful therein and consequently was appointed as Commercial Taxes Inspector ("CTI") on probation against temporary post vide order dt.18/01/82 (Ann.5), in pursuance whereof, upon relieving from the post of LBT Inspector vide order dt.30/01/82 (Ann.7), reported to Commissioner, Commercial Taxes, Jaipur on 01/02/82 (Ann.8) for joining as CTI. He was later on confirmed as CTI with retrospective effect form 01/02/82 (the date of his joining as CTI in Commercial Taxes Department vide order dt.16/09/87 (Ann.17).

(3.) While petitioner was working as CTI in commercial taxes department, posts of Inspector in Land & Building Taxes Department were abolished vide order dt.24/04/82 and 27 LBT Inspectors who were working on substantive basis working in LBT were declared surplus vide order dt.26/04/82 (Ann.9); and were absorbed on the recommendations of absorption committee vide order dt.17/06/82 (Ann.10) passed by General Administrative Department for joining as Inspectors in Commercial Taxes Department Jaipur.