G.M. Lodha, N.N. Kasliwal, J. - (1.) This is an appeal under Section 38 of the High Court of Judicature for Rajasthan Ordinance, 1949 against the judgment of the learned Single Judge of this Court, dated the 28th October, 1974, dismissing the writ petition of the petitioner, N.S. Mathur. It would be proper to first mention, in brief, the facts leading to this present litigation.
(2.) The appellant being a Science Graduate was initially appointed as Research Assistant in the Agriculture Department on which post he worked from 2nd January, 1960 to 11th May, 1961 and on being transferred as Locust Assistant he worked as such from 12th May, 1961 to 19th January, 1962.
(3.) By an order dated the 2nd January, 1962, the appellant was appointed as Inspector Grade II in the Excise and Taxation Department and in this order his name was at No. 1. This appointment was given after advertising the post and inviting applications from the candidates in open market. The appellant had been selected by a selection committee after interview and on the basis of this selection the appointment order dated 2nd January, 1962 was issued by the Commissioner Excise and Taxation in pursuance of which the petitioner joined on 20th January, 1962 and Sales Tax Inspector and continued to work as such till 9th July, 1962. On 10th July, 1962 he was posted as Excise Inspector Nasirabad. The term of appointment was extended from time to time. The appellant also passed the departmental examination for the post of Excise Inspector grade II which was held in November, 1969. At this time the post of Excise Inspector Grade II was not in the purview of the Rajasthan Public Service Commission. The appellant was confirmed as Excise Inspector Grade II w.e.f. 1st July, 1970 by the order dated the 10th July, 1970. The order by which he was confirmed is the order (Ex. I) It has been pointed out that till this time there were no particular service Rules governing such posts of Inspectors grade II and relevant service Rules were the Rajasthan Subordinate Service (Recruitment and other Service Conditions) Rules, 1960. By an order dated the 15th July, 1970 a tentative seniority list of Excise Inspectors as on 1st July, 1970 was published in which the appellants name was included at serial No. 75.;