SHAMBHU DAYAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THE instant appeal, delayed by 41 days, has been preferred against the judgment and order dated 10.5.2010 passed in S.B. Civil Writ Petition No. 6652/2010 requiring the respondent/writ petitioner to make an appeal before the Director, Local Bodies, who in turn, was ordered to decide the same within a period of six months therefrom. By the ruling, this official functionary was directed to ensure that till the appeal was finally decided, no further promotion on the basis of the assailed seniority be made. We have heard Mr. Ravi Kasliwal, learned counsel for the appellant/applicant and Mr. Rajvir Sharma & Mr. Jinesh Jain, learned Government Counsel for the respondents.

(2.) THE factual background is this that the respondent/writ petitioner had approached this Court impugning the order dated 2.9.2009, whereby he was relegated below the appellant in inter se seniority in the post of Garden Inspector. According to him, after being appointed in the Garden Section of the Municipal Committee, Kota on 1.6.1976 on daily wages, he was selected as Assistant Garden Inspector vide the order dated 29.11.1978. In the provisional seniority list published by the official respondents on 11.2.1982 under the Rajasthan Nagar Parishad Subordinate and Ministerial Staff Service Rules, 1963, his name appeared at serial No. 1 and that of the present appellant at serial No. 2. This inter se position was finalized and was reflected in the seniority list published on 1.11.1988, wherein their dates of appointment were shown as hereunder: -

(3.) THE respondent/writ petitioner asserted that the appellant thereafter on 22.2.2008, submitted representation questioning the correctness of the inter se seniority, and by the impugned order dated 2.9.2009, their positions were interchanged illegally and further, without affording any opportunity of hearing to him. As his representation to restore the correct inter se position failed, he approached this Court.