SUNIL KUMAR GARG, J. - (1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 12.11.1991 against the respondents with the prayer that by an appropriate writ, order or direction, the petitioner be substantively appointed on the post of Revenue Officer Gr. II with effect from the date of his initial appointment (it is surprising that in this petition, the date of initial appointment of the petitioner has not been mentioned, but the same is 17.11.1977, which is evident from Anex. R/8/9 filed by the respondent No. 8 along with the reply) and further, the respondents No.I and 2 be directed to assign seniority to the petitioner by taking him to be substantively appointed with effect from the date of his initial appointment, i.e. 17.11.1977, with all consequential benefits and thereafter, he be given promotion as per his seniority and the order dated 29.10.1991 (Annex. 2) reverting the petitioner as Executive Officer (Class IV) be declared illegal and be quashed and set aside.
(2.) Before stating the necessary facts of the present writ petition, it may be stated here with caution that from perusing the writ petition as a whole, the relevant facts have not come out and therefore, from going through the replies filed by the various respondents, some facts have come out in picture and thus, the necessary facts are enumerated in the following manner which are necessary for the disposal of this writ petition: (i) That the petitioner was appointed as Revenue Officer Gr. II by the respondent No.2 Director, Local Bodies, Rajasthan, Jaipur through order dated 17.11.1977 (Annex. R/8/9 filed by the respondent No.8 alongwith the reply) under the provisions of Rules 26(2) and 27 of the Rajasthan Municipal Service Rules, 1963 (hereinafter referred to as "the Rules of 1963") on temporary basis for a period of six months or till duly selected persons were made available by the Rajasthan Public Service Commission, whichever was earlier. (ii) That, thereafter, the petitioner continued on the post of Revenue Officer Gr. II even after the expiry of period of six months. (iii) That since the petitioner did not qualify the tests conducted by the Rajasthan Public Service Commission in the years 1979 and 1986 and failed on both occasions, therefore, his services were terminated vide order dated 12.12.1986 (Annex. R/I filed by the respondents No.1 and 2 alongwith the reply) and at that time, the petitioner was holding the post of Revenue Officer Gr. II. Municipality, Dungarpur. By the same order Annex. R/l, the persons who qualified the tests conducted by the Rajasthan Public Service Commission, were appointed as Revenue Officer Gr. II. It is surprising that these facts were not mentioned by the petitioner in this writ petition. (iv) That thereafter, through another order dated 15.12.1987 (Annex. R/2) issued by the respondent No.2., Director, Local Bodies, Rajasthan, Jaipur, the petitioner was again appointed as Executive Officer (Class IV) on adhoc temporary basis for a period of one year or till duty selected candidates were made available by the Rajasthan Public Service Commission, whichever was earlier and he was posted at Badi Sadri. Thus, through Annex. R/2 one more opportunity was given to the petitioner to get himself selected by the Rajasthan Public Service Commission. (v) That from perusing Annex. R/8/6 dated 7.12.1982, it further appears that the petitioner was suspended on 14.12.1981, but the suspension order was revoked on 7.12.1982 and this fact has also not been mentioned by the petitioner in this writ petition. (vi) That through Notification dated 18.3.1991 (Annex. 6), amendment in the Rules of 1963 was made and after item (v) of second Proviso to Rule 7 of the Rules of 1963, new item (vi) was added, which reads as follows : (vii) That the name of Executive Officers Class IV and Revenue Officers Order 11 appointed vide Rule 27 temporarily or in officiating capacity upto 31.3.1979, shall be referred to the Commission to adjudge their suitability according to the qualifications etc. prescribed at the time of their appointments and their appointments shall be terminated immediately in case they are not adjudged suitable." (viii) That from perusing the Order dated 29.10.1977 (Annex. 11), it appears that on being found suitable by the Rajasthan Public Service Commission on 5.8.1995, the petitioner was regularly appointed on the post of Revenue Officer Gr. II with effect from 18.3.1991 on probation for a period of six months and after completion of six months probation period, he was made permanent with effect from 18.9.1991. It was specifically mentioned in that order that the date of regular appointment of the petitioner shall be 18.3.1991 and the seniority will be determined accordingly.
(3.) On the above facts, the case of the petitioner is that his services on the post of Revenue Officer Gr. II should have been regularised with effect from 17.11.1977, the date of his initial appointment and thereafter, he should have been given all promotions as other persons were given taking into consideration the length of his service w.e.f. 17.11.1977 and thus, order Annex. 11 dated 29.10.1997 by which his services were regularised with effect from 18.9.1991 on the post of Revenue Officer Gr. II, is wholly illegal and in place of 18.9.1991, his services be regularised with effect from 17.11.1977, with all consequential benefits.;