- (1.) THE two writ petitions before me raise some common questions of laws and facts and were consequently called on for hearing together. THEy can conveniently be disposed of by one judgment.
(2.) THE petitioners seek a writ of quo warranto and other appropriate writ, direction or order against the appointment of respondent No. 2 Shri Mahendra Kumar Doshi as officiating Director Animal Husbandry Department Rajasthan I may narrate the relevant facts with reference to the second writ petition. The petitioner Shrichhabra joined the set vice of the former Jaipur State in 1945 as Dairy Supervisor and in 1947 he was appointed as a Dairy and Goshala Development Officer. After the formation of the United State of Rajasthan, the petitioner was appointed as Goshala Development Officer. The new State published certain Rules and instructions for the selection of the Government servants of the erstwhile covenanting States in the integrated set up and for fixation of their seniority. A special selection Board consisting of Shri C. S. Venkatachar, the then Regional Commissioner and Adviser to the Rajpramukh, Shri S. C. Tripathi Chairman, Public Service Commission and Dr. D. S. Sabnis was constituted for the selection of the officers in the integrated set up The petitioner Shri Chhabra, Shri Avinas Swaroop, the other writ petitioner, and Shri Doshi, respondent No. 2 were selected by the Special Selection Board and were fixed up in the integrated set up. Shri Chhabra was substantively appointed as Goshala Development Officer, Shri Avinash Swaroop was so appointed as Dairy Development Officer and respondent No. 2 Shri Dosi as Special Veterinary Assistant to the Director of Agriculture. The pay-grades of these three posts were fixed at Rs. 250-700. Their pay grades were later revised in the year 1960 to Rs. 500 900. Both the writ petitioners were granted the revised pay from 2-3-1960 vide Government Order dated 24-12-1957. Respondent No. 2 Shri Dosi was appointed as Officiating Deputy Director of Veterinary and Animal Husbandry against the vacancy caused by the retirement of one Shri Goshal. Before his appointment as Officiating Deputy Director Shri Dosi was an Animal Husbandry Officer. By Government Order dated 26th May, 1967, published in the Rajasthan Rajpatra of 15-6-1967, the Government fixed the interse seniority of the seven Animal Husbandry Officers including the two writ petitioners and respondent No. 2 Sarv Shri Durgadan, Hiralal, Deoraj Bajaj, and Shri P. D. Mathur were kept above the writ petitioners. Writ petitioner Shri Avinash Swaroop was kept at No. 5 in the list of seniority and Shri Chhabra at No. 6 while Shri Dosi was at No. 7. The order of Seniority was made effective from 9-2-1951. Thereupon Shri Chhabra made a representation that although he and Shri Avinash Sworoop were senior to Shri Dosi the latter had been allowed to officiate as Deputy Director in the grade of Rs 500-900 from 24-12-1957 i. e. , a date earlier to the one from which the writ petitioners were fixed up in the grade of Rs 500-900. The Government accepted the representation and accordingly created two supernumerary posts of Deputy Director in the pay-scale of Rs. 500 900 for the period 9-1-1958 to 1-3 1960 and promoted the two writ petitioners retrospectively and allowed them arrears of pay. This according to the petitioners was done on Government's realisation of the fact that although Shri Dosi was junior to the writ petitioners he was made to enter the higher grade of Deputy Director from an earlier date. The petitioner maintains that even when their seniority was re-fixed on the integration of the former Ajmer State with Rajasthan with effect from 1-11-1956. the same inter-se seniority between the two petitioners and respondent No. 2 Shri Doshi was maintained. In 1963, the Government made the Rajasthan Animal Husbandry Rules 1963, hereinafter to be referred as the Rules, and constituted an Animal Husbandry Service. I will be dealing with the relevant provisions of there Rules in detail a little later, but to continue the narration the posts held by the two writ petitioners were included in Group B in the schedule appended to the Rules. The post of Animal Husbandry Officer which was substantively held by Shri Dosi was placed in group-C carrying a time scale of R. 225 890. By a later amendment group-C was sub-divided into two categories of posts, namely, C-l and C-2. C-1 posts carried a time scale of R. 360-900 and the posts in C-2 carried a time scale of Rs 225-890. This was done with effect from 1-4-1966. Sub-group C-l was further bifurcated into C-l A and C-1b. The pay scales of subgroups C-1a and C-1b were revised to Rs. 5c0 1000 and Rs. 375-850 respectively and the pay scales of C-2 was revised to Rs. 276-600. By a Government Order dated 20th of April, 1972, Shri Dosi respondent No. 2 was ordered to hold the charge of the current duties of the post of Director, a post in group A of the Rules. It may be mentioned that this was ordered on the retirement of one Shri P. D. Mathur as Director. On 18-9-1972 Shri Dosi was appointed as Officiating Director for a period of one year with effect from 4-4-1972. As this is the impugned order I may read it in full- " Government of Rajasthan Agriculture (Group III) Department Order Governor is hereby pleased to appoint Dr. M. M. Doshi, Deputy Director (Head Quarters) Animal Huisbandry Department as officiating Director of Animal Husbandry for a period of one year with effect from 4th April, 1972. He will continue to hols the additional charge of the post of Deputy Director (Head-quarters) untill relief therefrom. The Government sought the concurrence of the Public Service Commission for continuing the appointment of Shri Doshi beyond one year by the letter dated 2nd of April, 1973. By letter dated 30th June, 1973, the Rajasthan Public Service Commission gave their concurrence to the temporary appointment of Shri Doshi as Director Animal Husbandry upto 15th August, 1973 or till the candidate selected by the Commission was mede available which ever was earlier. On receipt of the letter conveying the concurrence of the Public Service Commission the Government ordered that the term of Shri Doshi as officiating Director of Animal Husbandry extended upto 15th of August, 1973, or till a candidate selected by the Commission was made available whichever was earlier.
(3.) IT appears that the Government sought the further concurrence of the Public Service Commission for continuing Shri Doshi as Director in officiating capacity beyond 15th of August, 1973. The Public Service Commission by their letter date 8-10-1973 conveyed their concurrence to the extension of the term of Shri Dosi as officiating Director from 16 8-1973 to 30th September, 1973. On 16-10-1973 the Government passed an order granting extension to Shri Dosi as officiating Director from 10th August, 1973 to 30th September, 1973 or till a candidate selected by the Commission was made available, whichever was earlier. At this stage I may mention that two amendments in Rules were made during the pendency of the writ petition, the first one is dated 17th February, 1973 published in the Rajasthan Rajpatra of 19th February, 1973 and the second is dated the 17th of March, 1973 published in the Rajasthan Rajpatra of 24th March, 1973. I will be referring to these amendments a little later when I proceed to deal with the salient features of the Rules. On coming into force of these amendments both the writ petitioners amended their writ petitions with the leave of the Court. Shri Avinash Swaroop challenged the vires of the two amendments; whereas Shri Chhabra attacked the validity of the Government orders by which the term of Shri Doshi as officiating Director was extended from time to time. In assailing the validity of Shri Dosi's appointment as officiating Director the petitioner Shri Chhabra contended (1) That the action of the Government in making the amendments in the Rules was mala fide. The petitioner proceeded to say that the Government had allowed him to cross the efficiency bar in group B and that his service record was spotless so much so that he was even appointed as a joint Director in group A. The Government had appointed a junior person, Shri Doshi, as Director and then with a view to helping him were making the amendments with retrospective effect. ;