(1.) THIS writ petition has been filed by the petitioners seeking relief that the provisional seniority -list of Inspectors of the Transport Department, Rajasthan deated 23.02.91 (Annex. -12) and the final seniority -list dated 16.08.91 (Annex. - 14) be declared illegal; and, for assigning seniority to the petitioners as per Rule 15(1), Rajasthan Civil Services (Absorptipn of Surplus Personnel) Rules, 1969 (hereinafter to be called 'the Rules of 1969') from the date of their appointment on the posts of Blaster or, in the alternative, for directions that the petitioners stood absorbed on the posts of Inspectors with effect from 30.11.78 i.e., the date of their first absorption in the Transport Department.
(2.) ON the basis of the pleadings of the parties, the -facts summarised are that petitoner No. 1 Jaswant Singh was initially appointed on the post of Blaster on 08.02.68 and petitioner No. 2 Gopal Singh was similarly appointed on 08.09.69 in the Ground Water Deapartment. These appointments were made after advertisement of the vacancies and ude process of selection and, later on, made substantive with effect from 01.06.1970. In the Department, the proficiency certificate obtained by the petitioners was not treated as equivalent to the diploma by the State Government and thus they were not given the benefit admissible to diploma -holders. A writ petition was filed by one Mani Ram Rakhecha in the High Court which was registered as S.B.Civil Writ Petition No. 1725/75 Mani Ram v. State of Rahasthan, for declaration that the proficiency certificate should be treated as equivalent to diploma. This Court in its judgment dated 22.12.1978 has held that the proficiency - certificate issued by the Government of Rajasthan was equivalent to diploma in Mechanical Engineering and accordingly pay was to be fixed by treating the certificate -holders as equivalent to diploma -holders. The judgment was affirmed by the Supreme Court and the benefit of the judgement was - extended to all similarly situated persons vide order dated 03.06.1981. In pursuance thereof, the petitioner's pay was revised and fixed with effect from 01.09.1976 treating him to be diploma -holder. In the meantime, the petitoners were delcared surplus in the Ground - Water Board Department on 01.07.1978 and 01.05.1978 respectively and their names were referred to the General Administrative Deapartment for their absorption. vide order dated 30.11.1978 the petitioners were absorbed on the posts of Sub -Inspectors in the Transport Department and on 15.04.1981 they were confirmed as such. The order of absorption was challenged in appeal filed by one Jugal Kishore Purohit before the Rajasthan Civil Services Appellate Tribunal. The same was registered as Civil Appeal No. 957/79. The appeal was allowed by judgment dated 11.06.1981 and their absorption was set at naught. It is alleged by respondents No. 7 and 8 in their return that the Tribunal was pleased to hold that the absorption of the petitioners was illegal and was contrary to the Rules of 1969 and, therefore, the petitiners' absorption on the posts of Motor vehicle Sub - Inspector was declared illegal and the order of their absorption was quashed and set aside. The writ petition filed against the said order was dismissed by the High Court on 06.08.1983 which was registered as D.B.CM1 Writ Petition No. 1564/1981. Later on, by order dated 13.08.1984 the petitioners were absorbed from 13.08.1984 as Inspectors in the Transport Department and were confirmed on the said post with effect from 04.10.1990. This order of absorption was again challenged before the Civil Services Appellate Tribunal and the Tribunal by its order dated 28.02.1986 has held the order of absorption of the appellants as Inspectors in the Transport Department valid. On 23.02.1991, a provisional seniority -list of Inspectors of the Transport Department was published inviting objections and the final seniority -list was issued on 16.08.1991 wherein the petitiners' names appeared at item No. 56 and 57 respectively taking their dates of appointment to be 18.08.1984, the date of their absorption as Inspectors.
(3.) THE repondents State filed its return and has submitted that the petitioners were absorbed in the Transport Deaprtment in 1978 being surplus employees (Blasters) in the Ground Water Board Department and, at that time, the pay -scales of Blaster of the Ground Water Board Department and Sub -Inspector of the Transport Department were identical. They drew the pay -scale of the post of Blaster as revised in view of the judgement passed by the Rajasthan High Court and affirmed by the Hon'ble Supreme Court in the case of Mani Ram Rakhecha v. State of Rajasthan and others. The benefit of the judgement was extended to all similarly situated persons and, as a consequence thereof, the pay of the petitioners as Blasters was revised. In view of the judgment when the pay of the Blasters was revised the pay of Blaster and the pay of Motor vehicle Inspector in the Transport Department became equal and as such the General Administrative Department passed an order dated 13.08.1984 absorbing the petitioners on the posts of Motor vehicles Inspectors. Thus it is the case of the State that as the petitioners were holding the posts equivalent to the Motor vehicles Inspectors they were absorbed as such. It is further alleged that the petitoners were assigned seniority from that date of their absorption in the Transport Department as Motor vehicle Inspectors.