DINESH MAHESHWARI,J. - (1.) By way of this intra -court appeal, the petitioner -appellant seeks to challenge the order dated 23.10.2013 passed in CWP No.1264/2012 whereby, the learned Single Judge of this Court has rejected his claim for absorption and appointment on the post of Lower Division Clerk ('LDC') under the Rajasthan Voluntary Rural Education Service Rules, 2010 ('the Rules of 2010').
(2.) PUT in brief, the relevant background aspects of the matter are as follows: On the recommendations of Selection Committee, the appellant came to be appointed as Class IV employee in Shri Bhanwarlal Duggar Ayurved Vishva Bharati, Gandhi Vidhya Mandir, Sardarshahar under the appointment order issued on 08.01.2000. The appellant joined as such and continued to serve until he was transferred to Gram Jyoti Kendra on 10.02.2006. The appellant, thereafter, made an application on 20.10.2009 for being appointed on the post of LDC and referred to the qualifications possessed by D.B. CIVIL SPECIAL APPEAL (W) NO.1175/2013 him. It appears that on the application so made by the appellant, the Managing Committee of Buniyadi Uchch Madhyamik Vidhyalaya, Gandhi Vidhya Mandir, Sardarshahar adopted a resolution on 22.10.2009 that he may be transferred after promotion against the vacant post of LDC. However, the Managing Committee consciously resolved that such a transfer with promotion be accorded only after the approval of Education Department. It appears further that pursuant to this resolution, the Secretary, Gandhi Vidhya Mandir, Sardarshahar proceeded to address a letter dated 23.10.2009 to the Director, Secondary Education but therein, he merely suggested that for the purpose of transfer of an employee from one aided post to another in the same pay scale, approval of the Education Department was not required. However, without specifically mentioning that the appellant was working on a Class IV post, it was suggested that his transfer on the post of LDC, from aided post in Gram Jyoti Kendra to another aided post in Buniyadi Uchch Madhyamik Vidhyalaya, may be approved. In response, the Director, Secondary Education, Rajasthan, Bikaner stated in his letter dated 23.12.2009 the consent of the Government for transfer of the appellant from one aided post to another in the same pay scale and under the same Managing Committee while also stating that the approval of the Government or the Education Department for transfer of an employee in the same pay scale from one aided post to another was not required as such. Pursuant to this letter dated 23.12.2009, the appellant was allegedly "transferred" to the post of LDC in Buniyadi Senior Uchch Madhyamik Vidhyalaya, Gandhi Vidhya Mandir by the order dated 24.12.2009; and he purportedly joined on 26.12.2009.
(3.) AFTER having, thus, been purportedly 'transferred' to the post of LDC, the appellant made an application on 08.02.2011 seeking appointment in the government service as envisaged by the Rules of 2010. The application so made by the appellant was forwarded by the employer and after due consideration, the concerned Screening Committee approved his appointment as Class IV employee; and an order to that effect was issued by the District Education Officer (Secondary), Churu on 24.06.2011. The appellant was, thereafter, duly relived by his employer -institution on 30.6.2011 for joining in pursuance of the said order dated 24.06.2011.;