Skip to content


Ram Gopal Vs. State of Rajasthan and anr. - Court Judgment

LegalCrystal Citation
SubjectService
CourtRajasthan High Court
Decided On
Case NumberS.B.Civil Writ Petition No. 22 of 1973
Judge
Reported in1977WLN579
AppellantRam Gopal
RespondentState of Rajasthan and anr.
DispositionPetition allowed
Excerpt:
.....to appear in examination.;the post of field man was deemed to be included in the category of lower division clerks for the purposes of recruitment and substantive appointment. there appeals to be no justification for holding in december 1972, after the lapse of 8 years, that the petitioner was wrongly permitted to appear at the recruitment examination for the posts of lower division clerks and that he was not eligible to appear at that examination.;(b) civil services - seniority to be assigned from date of substantive appointment in lower post director of agriculture was not justified to modify date of confirmation.;the director of agriculture was not justified in modifying the date of confirmation of the petitioner on the post of lower division clerk from january 6, 1965 to april 1, 19..........direction was given by this court that the final seniority of lower division clerks employed in the agriculture department should be re-determined in accordance with the date of their substantive appointment on the said post. the petitioner shall also be assigned a proper position in the said final seniority list of lower division clerks, considering his date of substantive appointment on that post as january 6, 1965.4. the result is that the writ petition is allowed and the order passed by the director of agriculture on 30th december, 19/2 is set aside. the petitioner shall now be assigned proper seniority as directed by this court in the case of khuman lal. the petitioner shall also be entitled to all benefits that he might have received if the order dated 30th december 1972 would not.....
Judgment:

D.P. Gupta, J.

1. The petitioner was initially appointed as a Field man in the Agriculture Department of the State of Rajasthan on March 19, 1960. By the order of the Agricultural Chemist, Rajasthan, dated March 3, 1964 the petitioner's post of Field man WAS converted into one of a Lower Division (sic) in the same grade and on the same emoluments. The petitioner joined hi duties as a Lower Division Clerk on April 1, 1964. Thereafter he appeared at the recruitment examination held for the posts of Lower Division Clerks and was successful. As a result thereof, he was confirmed as a Lower Division Clerk with effect from January 9, 1965 by the order issued on September 20, 1966 and a fresh order of confirmation of the petitioner was issued on 26th September, 1972 although the date of his confirmation remaned unchanged. The petitioner was subsequent]} promoted as an Upper Division Clerk with effect from April 1, 1968 and was confirmed in the said post with effect from April 1, 1970 by the order of the Director of Agriculture, Rajasthan dated November 2, 1972. On December 30, 1972, the Director of Agriculture, issued an order (Annexure 1) directing that the date of confirmation of the petitioner on the post of Lower Division Clerk be modified as April 1, 1970 in place of January 6, 1965 and that the placement of the petitioner in the seniority list of Lower Division Clerks be also modified accordingly. As a result of this change in the seniority of the petitioner in the category of Lower Division Clerks, he was reverted to his substantive post of Lower Division Clerk with effect from 18th November, 1972. It is this order dated December 80, 1972 which has been challenged by the petitioner in this writ petition.

2. The only ground given in the order dated December 30, 1972 for modifying the date of confirmation of the petitioner and for changing his position in the seniority list of Lower Division Clerks is that by the Government order dated March 25, 1964 only those persons who were appointed as temporary Lower Division Clerks before January 1, 1962 could appear at the recruitment examination conducted for the posts of Lower Division Clerks and since the petitioner was appointed as a Lower Division Clerk only with effect from April 1, 1964 he was not eligible for examination. In the case of Kunma Lal Devra as. State of Rajasthan. & others, (S. J5. Civil Writ Petition No. 1828-of 1972) decided on July 13, 1977.it has been held that the post of Field man prior to July 9, 1970 was a post in the ministerial cadre of subordinate offices and was in the same scale of pay as that of a Lower Division Clerk and was included in the category specified in Sub-rule (2) of Rule 6 of the Rajasthan Subordinate Offices Ministerial Staff Rules 1957. It was probably on that ground that the petitioner was allowed to appear at the recruitment examination conducted in respect of Lower Division Clerks, as the post of Field-man occupied by the petitioner on and before 1-1-1962 was considered as equivalent to that of a Lower Division Clerk. On this ground also the petitioner was converted from a Field-man to a Lower Division Clerk by the order of the Agricultural Chemist dated March 3, 1964. It is surprising that even after the petitioner was allowed to appear at the recruitment examination and he was declared successful at the said examination and was subsequently confirmed on the basis thereof as a Lower Division Clerk with effect from January 6, 1965, no objection was raised that the petitioner was not occupying the post of a Lower Division Clerk earlier to January 1, 1962. As the petitioner was occupying the post of a Field man, which was equivalent to that of a Lower Division Clark, no exception could have been taken to the petitioner's appearing at the recruitment examination held for the posts of lower Division Clerks The note appended to Sub-rule (2) of Rule 6 of the aforesaid Rule provides that any ministerial post in a subordinate office in a pay scale applicable to any of the categories specified in Sub-rule 2) of that Rule shall be deemed to be a post in that category for the purposes of the said rules. It was on the strength of the aforesaid note that the post of Field-man was deemed to be included in the category of Lower Division Clerks for the purposes of recruitment and substantive appointment. There appears to be no justification for holding in December 1972. after the lapse of 8 years, that the petitioner was wrongly permitted to appear at the recruitment examination for the posts of Lower Diviner; Clerks and that he was not eligible to appear at that examination. I am, therefore, of the view that the Director of Agriculture was not justified in modifying the date of confirmation of the petitioner on the post of Lower Division Clerk from January 6, 1965 to April 1, 1970. It is held that the petitioner stood confirmed in the post of a Lower Division Clerk with effect from January 6, 1965.

3. In Khuman Lal's case it has been held that the seniority in the category of Lower Division Clerks should be decided on the basis of the substantive appointment on the post of Lower Division Clerk. The petitioner is, therefore, entitled to get his seniority fixed in the category of Lower Division Clerks on the basis of his substantive appointment on that post with effect from January 6, 1965. I am not prepared to accept the contention of the learned Counsel for the petitioner that as the petitioner became due for confirmation on the post of Field-man on October 28. 1963, he should be assigned seniority in the category of Lower Division Clerks with effect form that date. The seniority has to be assigned with effect from the date of actual substantive appointment on the post of Lower Division Clerks. The petitioner was assigned seniority in the category of Lower Division Clerks apparently on the basis that he has confirmed on the said post with effect from January 6, 1965. If that is so. the place assigned to the petitioner in the seniority list of Lower Division Clerks, prior to the order dated 30th December, 1972 was passed, should be restored. In Khuman Lal's case a direction was given by this court that the final seniority of Lower Division Clerks employed in the Agriculture Department should be re-determined in accordance with the date of their substantive appointment on the said post. The petitioner shall also be assigned a proper position in the said final seniority list of Lower Division Clerks, considering his date of substantive appointment on that post as January 6, 1965.

4. The result is that the writ petition is allowed and the order passed by the Director of Agriculture on 30th December, 19/2 is set aside. The petitioner shall now be assigned proper seniority as directed by this court in the case of Khuman Lal. The petitioner shall also be entitled to all benefits that he might have received if the order dated 30th December 1972 would not have been passed. In the circumstances of the case the parties are left to bear their own costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //