KAMLESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners aggrieved by the seniority list issued by the respondents pursuant to the amendment in Rule 301 of the Rajasthan Land Revenue (Land Records) Rules, 1957 ('the Rules of 1957') and order dtd. 12/4/2018 issued by the Registrar, Revenue Board seeking information based on the guidance indicated in the said order.

(2.) The facts of the dispute are chequered, an advertisement was issued in the year 1999 for selection to the post of Patwari and applications were invited under Rule 273 of the Rules of 1957. The petitioners applied for the same and after passing the written test, they were selected as Patwari, however, pursuant to the decision taken in meeting dtd. 23/5/2000 (Annex. 2 to SBCWP No. 10281/2018), instead of granting appointment to the petitioners as Patwari, they were granted appointment as Gram Sewak in the year 2000 on a fixed sum of Rs.1200.00 per month on purely temporary basis. Thereafter, by order dtd. 27/3/2002 (Annex. 4 to SBCWP No. 10281/2018), it was ordered that all the candidates selected through Patwar Competitive Examination-1999 and working as Gram Sewaks would be appointed as Patwaris and therefore, they may be called for training and appointed after such training. The petitioners, after undertaking the requisite training under the Rules of 1957, claim to have continued to work as Patwaris.

(3.) A writ petition i.e. Amrit Lal Gurjar and Ors. v. State of Rajasthan and Ors. : S.B. Civil Writ Petition No. 663/2008, came to be filed by the persons similarly situated to the petitioners claiming that they were entitled for the salary of the Gram Sewak prescribed in the Rajasthan Panchayati Raj Rules, 1996 ('the Rules of 1996') for the period they worked on the post of Gram Sewak-cum-Secretary of the Panchayat Samiti and their services are also liable to be reckoned for all purposes from the date when they were initially appointed on the post of Gram Sewaks. In the alternative, it was prayed that they were entitled for the salary of Patwari as prescribed in the Rules of 1957 as they were selected through competitive examination. The writ petitions were decided by order dtd. 30/5/2013, whereby the writ petitions were dismissed.