V.K. SINGHAL Vs. RAJASTHAN STATE POLLUTION CONTROL BOARD
LAWS(RAJ)-2020-1-105
HIGH COURT OF RAJASTHAN
Decided on January 29,2020

V.K. Singhal Appellant
VERSUS
RAJASTHAN STATE POLLUTION CONTROL BOARD Respondents

JUDGEMENT

- (1.)Vide this order above-mentioned four appeals would be disposed of, as they have arisen out of common order dated 22. 03. 2010 passed by the learned Single Judge.
(2.)Learned Senior Counsel appearing on behalf of the appellant has submitted that the controversy involved in the present case relates to seniority determined between the parties vide seniority list dated 16. 09. 1994. Appellant was placed senior to the private respondents. However, learned Single Judge had erred in allowing the writ petitions filed by the private respondents and declaring that appellant was junior to the private respondents. Respondent B. S. Sharma had joined the department as Junior Engineer on 06. 06. 1978. Respondent Ashok Kumar Gupta had joined the department as Junior Engineer on 01. 03. 1979. Respondents Rajeev Pareek, Mahesh Chandra Sharma and the appellant V. K. Singhal had joined the department as Junior Engineer on 24. 11. 1984. Thereafter, they all were promoted as Assistant Engineer (later on known as Assistant Environmental Engineer) on ad hoc basis in the year 1988. Appellant was appointed as Assistant Engineer vide order dated 09. 06. 1989 on the basis of direct recruitment.
(3.)Learned Senior Counsel has further submitted that Rajasthan State Pollution Control Board Employees Service Rules and Regulations, 1993 were brought into force with effect from 30. 03. 1993. Screening Committee vide order dated 08. 11. 1993 appointed private respondents as Assistant Engineer. However, due to mistake the appellant was shown junior to the private respondents, whereas, the appellant had already been appointed as Assistant Engineer by way of direct recruitment vide order dated 09. 06. 1989. Thus, the appellant was much senior to the private respondents and had been rightly shown as senior to the private respondents in the seniority list in question.


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