RAJENDRA SAXENA, J. - (1.) THE petitioner by means of this writ petition as prayed that the respondents be directed to send him for training of the Inspector, Land Records forth with and after such training to promote him on the post of Inspector, Land Records on and from the date he became entitled as per his seniority and to allow him all consequential benefits.
(2.) BRIEFLY , the relevant facts are that the petitioner belongs to Scheduled Caste. He was appointed as Patwari in the Land Revenue Department vide order dated 16.12.64 and consequent thereto he joined the said post on 15.1.65. Thereafter, he was put to work on the post of Assistant Office Kanungo vide order dated 18.3.70 and temporarily promoted to the post of Inspector, Land Records, vide order dated 15.6.77. Thereafter, he was reverted back to the post of Patuari by order dated 14.2.80 on the ground that he had not taken the training of the Inspector Land Records. Again vide order dated 7.1.88 (Annexure R. 1), he was promoted to the post of Inspector, Land Records on purely urgent/temporary basis on a clear condition that he will be reverted back on availability of regularly selected Inspector, Land Records by departmental promotion committee without any notice. The petitioner has alleged that despite his numerious representations Ex.1 to Ex.6, he was not sent for the training of I.L.R. though he is senior most Patwari amongst the Scheduled Caste Patwaris and that persons junior to him have been sent for the training. He has further alleged that he had filed an appeal before the Rajasthan Civil Services Appellate Tribunal on 16.4.80 against his reversion order dated 14.2.80 and that though his appeal was dismissed but the said Tribunal had directed the Board of Revenue to select and send him for training as per provisions of Rules 300 and 301 of the Rajasthan Land Revenue (Land Records) Rules, 1957 (hereinafter referred to as 'the Rules, 1957') by its order dated 14.6.82 (Ex. 10). The petitioner has further alleged that despite the clear directions of the Service Appellate Tribunal, he was not selected and sent for training of I.L.R. by respondent No.2 while his juniors have been sent for the said training. Thus, he has been subjected to invidious discrimination of his fundamental rights guaranteed by Articles 14 and 16 of the Constitution of India. Hence, this writ petition. The respondents, in their return, have admitted that the petitioner has been working as a Patwari since 15.1.65 and that he was promoted to the post of Inspector, Land Records on purely urgent/temporary basis vide order dated 15.6.77 till the availability of regularly recruited trained Inspector, Land Records and was reverted back vide order dated 14.2.80 on availability of regularly recruited/promoted Inspector, Land Records. In has also been admitted that the petitioner was again promoted as Inspector, Land Records on purely urgent/temporary basis vide order dated 7.1.88 on the clear condition that he will be reverted back on availability of regularly selected Inspector Land Records by the Departmental Promotion Committee without any notice. It has been specifically maintained by the respondents that the petitioner was considered but was not selected for Inspector Land Records Training on the basis of merit by the Board of Revenue under the Rule 301 of the Rules, 1957 as he was not meritorious enough in the year 1973, 1974 and 1978. Therefore, he was not subjected to any discrimination nor his fundamental rights under Articles 14 and 16 were violated. It has been pointed out that the observations made by the learned Service Tribunal in its order dated 14.6.82 cannot be implemented because the Rules 284 and 300 of the Rules, 1957 have already been substituted by the Rajasthan Land Revenue (Land Records)(Third Amendment) Rules, 1981, wherein it has been made incumbent on the Revenue Board to select Patwaris on the basis of seniority -cum -merit for sending them to the training of I.L.R. It has also been asserted that the petition suffers from the vice of inordinate delay and latches on the part of the petitioner and as such the same deserves to be dismissed.
(3.) THE petitioner has not filed any rejoinder.;