JAGDISH BEHARI GOSWAMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition by Jagdish Behari Goswami under Art. 226 of the Constitution of India for quashing an order of the Commissioner, Devasthan Department, Udaipur dated March 15, 1988 (Arinex-ure/13), whereby the petitioner was relieved from the Devasthan Department, Udaipur and directed to join his posting in the Court of Munsif-cum, Judicial Magistrate, Kama in pursuance of the order of the District Judge, Bharatpur dated February 27, 1989.

(2.) FACTS leading to the filing of this writ petition are that during the period from July 9, 1973 to August 15,1973, there was a strike of the staff serving in subordinate Courts. Keeping, in view the strike of the subordinate staff, the State Government had issued an order dated July 7, 1973 regarding appointment of Lower Division Clerks to meet with the situation created by the strike. In the background of such a situation, the petitioner was appointed in 1973 as LDC in the pay scale of Rs. 110-230 by the District Judge, Bharatpur. Later on, in pursuance of subsequent Government order directing adjustment of such employees who were appointed during the strike, the petitioner's services were extended. Later on, the Government of Rajasthan also issued orders that such employees need not qualify in. the examination required by the Rajasthan Subordinate Civil Courts Ministerial Establishment Rules, 1958. The District Judge confirmed the petitioner, in his appointment as LDC with effect from July 23, 1974 by an order passed on October 25, 1976. The petitioner continued to work in the subordinate court upto the middle of March 1982. On February 1, 1982, the petitoner had made an application for his transfer in Devasthan Department, Rajasthan, Udaipur. The application of the petitioner was forwarded by the* District Judge to the Commissioner, Devasthan Department, Udaipur whereupon the Commissioner, Devasthan Department by an order dated February 24,1982 (Anriexure/2) appointed, by transfer, the petitioner from the District Court, Bharatpur in the office of the Inspector, Devasthan Department, Vrinda-van. It was provided in Anne'xure/2 that the seniority of the petitioner as LDC would be counted from the date of his confirmation. Since this appointment by transfer was made at the request of the petitioner, no travelling allowance was paid to him. The petitioner was relieved by the District Court in the after-* noon of March 15, 1982 and he joined in the Devasthan Department on the very next day. It appears that after the petitioner worked in Devasthan Department for over four years, Devasthan Commissioner sent a letter Annexure R/3/2 dated June 20, 1986 to the District & Sessions Judge, Bharatpur, wherein the Devasthan Commissioner pointed out certain illegalities in the transfer of the petitioner to Devasthan Department and asserted that his lien in the District Court, Bharatpur has not terminated. Request was made to the District Judge to take back the petitioner on his post in the subordinate District Court. The District Judge, Bharatpur sent a factful report to the Registrar, Rajasthan High Court, Jodhpur on December 9, 1986. It appears that the. order dated November 3, 1988, the petitioner had been transferred from Vrindavan to the office of the Assistant Commissioner Devasthan, Udaipur and he was relieved to join his new posting on December 19, 1988. However, the petitioner did not report in the office of the Assistant Devasthan Commissioner, Udaipur. In the meantime, the Registrar, Rajasthan High Court, Jodhpur had issued an order to the District Judge, Bharatpur to take the petitioner back in the parent department and the District Judge in compliance with that, posted the petitioner as LDC in the Court of Munsif-cum-Judicial Magistrate, Kama. The Devasthan Commissioner accordingly passed an office order on March 15, 1989 (Annexure/13), directing the petitioner to join as LDC in the Court of Munsif-cum-Judicial Magistrate, Kama. The petitioner has challenged this order Annexure/13.