RAJESH BALIA, J. - (1.) AFORESAID these three petitions raise common questions of law and, therefore, they are decided by a common order. In order to appreciate the controversy, the facts relating to S.B. Civil Writ Petition No. 248 of 1986 are detailed hereinafter.
(2.) PETITIONERS J.C. Calla was appointed as L.D.C. on 2.6.58 in Excise and Taxation Department. The petitioner was thereafter transferred to Directorate of Technical Education, Rajasthan, Jodhpur. By University of Jodhpur Act, 1962, the University of Jodhpur was established on 1 4th July, 1 962. This newly established Jodhpur University tookover the teaching staff as well as the ministerial staff of the constituent colleges employed in various posts in ministerial cadre. The University also invited the applications for giving appointment on various posts under it from persons already working at various places including other Govt. Departments. As a consequence of holding interview, petitioners was appointed vide order dated 15/25.1.63 as L.D.C. by the University of Jodhpur. The appointment order inter -alia stated that the terms and conditions of service shall be governed by the rules and regulations to be framed by the University from time to time. In pursuance of this appointment order, the petitioner was relieved from his parent department on 28/1/1963 and he joined the service of the University of Jodhpur. By its resolution No. 15, dated 25.1.64 which is placed on record as Ex.3, the Syndicate resolved that the draft rules as given in the modified form in appendix 'K' be accepted and Rules 1,2,3 and 4 thereof be made applicable for purposes of determining the seniority of the existing ministerial staff as on 1st Jan. 1964 and rules 5,6 and 7 thereof be treated as general rules for determination of seniority in future. It may be noticed here that the petitioner was appointed in the University vide order dated 15/25.1.63 who had joined the same, by 28.1.1963, therefore, he was amongst existing ministerial staff as on 1st January, 1964. Petitioners in the other two petitions viz; Bansilal and D.D.Dave were also likewise appointed as L.D.C. prior to 1.1.1964 on different dates and before their appointments by the University, the said Bansilal and D.D. Dave were also members of ministerial service of different departments of Rajasthan State. They were also amongst existing staff as on 1.1.64. The seniority of the staff existing on 1st Jan. 1964 according to resolution was to be governed according to the Rules 1,2,3 and 4 reproduced hereinbelow: 1. All the members of the ministerial staff of the various constituent colleges that have now come under the University will form one general pool for purposes of seniority. 2. For the purpose of determining the seniority the service rendered in the various colleges that now go to constitute the University will be the main criterion. 3. Since the service in the previous colleges was Rajasthan Government service, service rendered in other Department of the same Govt. will also be taken into consideration on the same level if the member has been taken in the University without any break or if there has been any break, it has been condoned by the Syndicate. 4. Service rendered in the sister Universities of the State of Rajasthan or of the Central Govt. or any semi -government officer or the Board of Secondary Education, Rajasthan will be taken on the same level as in the Department of Rajasthan.
(3.) IT is obvious that according to these rules as approved above, the Ministerial staff existing on 1st January, 1964 was to be given the benefit of past service under any Govt. department of the Rajasthan State, for the purposes of determining the seniority. On 6th may, 1965 a final seniority list of the L.D.Cs. of the University as on 1st January, 1964 was published under the signatures of the Registrar of the University which was placed on record as Ex.4 in which the name of the petitioner J.C. Calla was shown at S.No.7 and the names of Banshilal and D.D. Dave, the petitioners in other two writ petitions, were shown at S. Nos. 5 and 6 respectively.;