G.S. Singhvi, J. - (1.) QUESTION which arises for determination in this Writ Petition is as to whether a person appointed to Rajasthan Administrative Service can be kept on probation for over a decade and as to whether he can be deprived of seniority, promotion, pay fixation ect. because the order of confirmation has not been passed by the competent authority.
(2.) PETITIONER , who is physically (orthopaedically) handicapped, joined government service as a senior teacher. In the year 1976, the RPSC advertised vacancies in Rajasthan Administrative Service which were to be filed in accordance with the provisions of the Rajasthan Administrative Service (Emergency Recruitment) Rules, 1976 (lateron changed to 1977). The petitioner appeared in the competitive examination held by the RPSC in July -August, 1977. The petitioner claimed that he is entitled to be considered for selection/appointment in terms of the Rajasthan Employment of the Physically Handicapped Rules,1976. Neither the State Government nor the RPSC acceded to his request. He, therefore, filed Writ Petition No.507/1978. The Writ Petition was allowed by a learned Single Judge of the High Court vide his judgment dated 6.10.79. The respondent, State of Rajasthan filed an appeal before the Division Bench. The Division Bench Special Appeal No. 149/81 State of Rajasthan v. Suraj Prasad Chaturvedi and another was dismissed on 8.11.85. According to the petitioner, although before the Division Bench the appellant's attempted to raise new controversy regarding question of reservation having not been allowed in the Rajasthan Administrative Service and that the petitioner had failed to secure minimum marks in the interview, the Division Bench however refused to entertain these controversies. During the pendency of the Special Appeal, an order dated 8.1.81 came to be issued under the signatures of the Special Secretary of the Department of Personnel & Administrative Reforms (Personnel A -IV) whereby the petitioner was appointed to Rajasthan Administrative Service. He was placed on probation for a period of two years in the Ordinary Scale of the Rajasthan Administrative Service 750 -30 -1020 -40 -1300 -50 -1350 plus usual allowances as admissible from time to time against the quota for physically handicapped persons/for the year 1977. In the order it was stated that the appointment of the petitioner will be effective from the date he reports to the Department of Personnel & Administrative Reforms (Personnel A -IV), Govt. Secretariat, Raj. Jaipur. In pursuance thereof, the petitioner reported for duty in the Department of Personnel. By an order dated 5.2.81 passed by the Secretary, Department of Personnel, the petitioner was directed to join the Foundational Training Course at HCM State Institute of Public Administration, Jaipur. The petitioner undertook this training and was relieved form the HCM State Institute of Public Administration on 4.4.1981 after completion of the training. The petitioner was thereafter directed to undergo training as Assistant Collector cum Executive Magistrate & the Collector Tonk passed an order dated 8.4.81 for his training from 7.4.81 to 18.7.81. He was relieved by the Collector Tonk on 18.7.81 after completion of the training. The petitioner reported back to the Department of Personnel. In the meantime, examination was held by the HCM State Institute of Public Administration in respect of Foundational Training Course and the petitioner passed the same. Result of this examination was declared by the Director of the Institute on 15.12.81.
(3.) AFTER the petitioner hand reported for duty before the Department of Personnel on 22.7.81, he was asked to await posting orders. Thereafter for over six years and eight months the petitioner was kept awaiting posting orders. Orders were issued on 20.10.81, 11.10.82, 2.9.83, 28.4.84, 8.7.85, 2.5.88 and 23.2.88 for regularising the period spent by the petitioner under awaiting posting orders by treating the said period as on duty under Rule 7(8)(b) of the Rajasthan Service Rules, 1198. On 1.3.81 the Special Secretary, Department of Personnel and Administrative Reforms issued an order and posted the petitioner as Registrar, State Commission Office, Food & Civil Supplies Department (Headquarters), Jaipur against the newly created post.;