Altamas Kabir, J. - (1.) SINCE common questions of fact and law are involved, five Special Leave Petitions have been taken up for hearing and final disposal together. While SLP(C) No. 6385 of 2010 has been filed by Suraj Bhan Meena and Anr., SLP(C)Nos.7716, 7717, 7826 and 7838 of 2010, have all been filed by the State of Rajasthan.
(2.) ALL the Petitioners are aggrieved by the judgment and order dated 5th February, 2010, passed by the Jaipur Bench of the Rajasthan High Court in D.B. Civil Special Appeal (Writ) No. 618/2009 filed by the State of Rajasthan and Anr. against Bajrang Lal Sharma and Ors., D.B. Civil Special Appeal (Writ) No. 3/2010 filed by Suraj Bhan Meena against Bajrang Lal Sharma and Ors., D.B. Civil Special Appeal (Writ) No. 611/2009 filed by the State of Rajasthan against Gyan Prakash Shukla, D.B. Civil Special Appeal (Writ) No. 610/2009 filed by the State of Rajasthan against M.M. Joshi, D.B. Civil Writ Petition No. 8104/2008 filed by Bajrang Lal Sharma and Ors. against the State of Rajasthan and Ors., D.B. Civil Writ Petition No. 6241/2008 filed by Gyan Prakash Shukla and Anr. against the State of Rajasthan and Ors. and D.B. Civil Writ Petition No. 7775/2009 filed by M.M. Joshi against the State of Rajasthan and Ors. As indicated hereinbefore, all the matters were heard and disposed of by a common judgment passed by the Division Bench on 5th February, 2010. While considering the writ petitions along with the writ appeals, the Division Bench referred to the facts of D.B. Civil Writ Petition No. 8104/2008, against which SLP(C) No. 6385/2010 has been filed by Suraj Bhan Meena and SLP(C) No. 7716/2010 has been filed by the State of Rajasthan. The other Special Leave Petitions have been filed against the orders passed in the Writ Petitions filed by the private Respondents therein. All the writ Petitioners, as also the Petitioners in SLP(C) No. 6385/2010, are members of the Rajasthan Administrative Service and are governed by the Rajasthan Administrative Service Rules, 1954. The writ Petitioners in their respective writ petitions challenged the Notification dated 25th April, 2008, issued by the State of Rajasthan in exercise of its powers conferred by the proviso to Article of the Constitution of India amending the Rajasthan "Various Service Rules" with effect from 28.12.2002.
(3.) ACCORDING to the writ Petitioners, they had been inducted in the Rajasthan Administrative Service in December, 1982, through selection by the Rajasthan Public Service Commission. Vide notice dated 26th June, 2000, the State Government issued a Provisional Seniority List of Rajasthan Administrative Service Selection Grade as on 1.4.1997, in which the Writ Petitioner No. 1, Bajrang Lal Sharma, was placed above Suraj Bhan Meena (Scheduled Tribe) and Sriram Choradia (Scheduled Caste). The said Seniority List was published pursuant to the order of this Court dated 16.9.1999, passed in the case of Ajit Singh -II and Ors. v. State of Punjab and Ors. : (1999) 7 SCC 209 and another order of the same date in the case of Ram Prasad v. D.K. Vijay : (1999) 7 SCC 251. Once again Provisional Seniority Lists were published on 27.11.2003 and 12.5.2008. Subsequently, the State of Rajasthan published the final Seniority Lists of Super Time Scale and Selection Scale of the service on 24.6.2008 as on 1.4.1997 and Provisional Seniority List dated 2.7.2008 as on 1.4.2008, wherein the name of Bajrang Lal Sharma was shown below the names of both Suraj Bhan Meena and Sriram Choradia.;