Mohini Kapur, J. - (1.) The petitioner has challenged order (Annex. 1) by which he has been retrenched from service.
(2.) The facts leading to this retrenchment are that the petitioner was appointed as a Conductor in the Kota Region of the Rajasthan State Road Transport Corporation (hereinafter referred to as 'the Corporation') in the year 1977. In the year 1979 he was posted as a Booking Clerk, then again as a Conductor and again as a Booking Clerk, from time to time. In December, 1980, he was charge-sheeted for an incident and placed under suspension but on 10.3.1981 his suspension was revoked. Thereafter, he did not join duty because he was posted as a conductor. He claimed to be posted as a Booking Clerk. As this situation continued, his representations were not accepted and he did not join in pursuance of the directions of the respondent. He was removed from service from 31.3.1984. This termination order was challenged by him in D.B. Civil Writ Petition No. 1714/1984, decided on 29.11.1988. This was partly allowed. The petitioner was directed to be posted as a Booking Clerk as he had worked on this post for a long time but back wages were not allowed to him as he remained absent throughout. While passing this order it was observed that the petitioner was not justified in not joining duty but considering that he had worked as a Booking Clerk for a long time, he had a right to be posted as a Booking Clerk. With this observation, the following operative order was passed : "Consequently, the writ petition is partly accepted. The petitioner shall be posted within one month as a booking clerk as he has worked on this post for a long time. The petitioner shall not be entitled to the back wages, if any as he had remained absent throughout. No order as to costs." Thereafter, order (Annex. 2) dated 12.1.1989 was passed by the respondents, which reads as under : ...[VERNACULAR TEXT OMITTED]...
(3.) The question to be decided in this writ petition is whether by virtue of Annexure No. 2 dated 12.1.1989, the petitioner became a fresh appointee, or his appointment relates back to the year 1977. In case he is held to be an appointee of 1989 then he comes within the appointees after 1987 who were retrenched by order Annexure-1, dated 15.4.1989.;