BACH RAJ SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals - one by the State of Rajasthan and the other by the concerned employee are directed against one and the same judgment of the rajasthan High Court. The respondent admittedly was appointed as a lower division clerk (LDC) in the collectorate in 1964 and was confirmed in the said post in the year 1972. On his own request, he was brought to the transport department as a clerk in 1978. The question for our consideration is as to whether his seniority in the cadre of LDC in the transport department can be determined by taking his service from 1978 onwards or his past services rendered in the collectorate can also be taken into consideration.

(2.) The employer determined his seniority taking into account his services rendered in the transport department from 1978 onwards. The respondent, therefore, assailed the said determination by filing an application in the state administrative tribunal. The tribunal having rejected his prayer and dismissing the O. A. , he approached the High Court. The High court, however, having granted that relief, these two appeals, are before this court. The learned single judge held that the services rendered by the employee from 1964 onward have to be counted for determining seniority in the transport department. The division bench, however, modified the order and held the services rendered after the confirmation i. e. 1972, would be counted for seniority in the transport department.

(3.) The conditions of service of the LDCs is governed by a set of rules framed under proviso to Article 309 of the Constitution of India called "the Rajasthan Subordinate offices Ministerial Staff Service rules, 1957" (hereinafter referred to as "rules"). Rule 27 thereof is the provision for the seniority. The said rule reads thus: