JUDGEMENT
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(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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