VYAS, J. - (1.) SINCE a common question is involved in both the aforesaid writ petition, therefore, the same are being decided by this common order. FACTS OF WRIT PETITION NO. 1841/99
(2.) THE instant petition has been filed by the petitioner with the prayer that the letter dtd. 3. 9. 1998 (Annex. 7) and circular dtd. 12. 10. 1998 (Annex. 9) may kindly be quashed and set aside and the respondents may be restrained from giving effect to the letter dtd. 3. 9. 1998 (Annex. 7) and circular dtd. 12. 10. 1998 (Annex. 9 ). Brief facts of the case are that the petitioners No. 1 and 12 are working as Agricultural Supervisor, whereas the petitioners No. 13 to 16 have retired as Assistant Agriculture Officers. Prior to 20. 4. 1977, there were posts of Fieldman, Garden Supervisor, Grade Pruner, Village Extension Worker and the Field Assistant in the Agriculture Department. No educational qualification was provided for appointment on these posts, as there were no Service Rules. The persons, having qualification of matric or even non-matric were given appointment at the Distt. Level by the competent authorities in the Agriculture Department. These posts were re-designated as Agriculture Supervisors bearing Scale No. 7 Rs. 355-570, by the order dated 20. 4. 1977 (Annex. 1 ). It has been averred in the writ petition that in consequence of order dtd. 204. 1977 (Annex. 1), pay scale No. 7 was granted to the Agriculture Supervisor, irrespective of the Educational Qualification vide order dtd. 18. 6. 1980 (Annex. 2 ). It has also been mentioned in the writ petition that prior to amalgamation of the various posts and re-designated as Agriculture Supervisor, there was no educational qualification required for appointment on the post of Fieldman, but after amendment of the Rajasthan Civil Services (Revised Pay Scale) Rules, 1969, the pay scale of the Fieldman was made different for matric field Man and non-matric Field Man. However from 1. 4. 1977, this difference was removed and irrespective of the educational qualifications, all were re-designated as Agriculture Supervisors. Some of the Agriculture Supervisors, holding the qualification of matric or above, challenged the drawing of the common seniority list, by way of appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur which were dismissed by judgment dtd. 5. 2. 1980 and amalgamation of the post of the Agriculture Supervisor and drawing a common seniority list and granting the same pay scale to the Agriculture Supervisors irrespective of the educational qualification was upheld.
(3.) FURTHER case of the petitioner is that State Government issued an order dtd. 23. 9. 1989 by which Selection Grade for each eligible post was the scale for the next higher post in regular line except for the posts in subordinate services from which promotions are made directly to a post in State Services and isolated posts. The State Government fixed the selection grade pay scales of Agriculture Supervisions, including the petitioners No. 1 to 16 as per the order dated 23. 9. 1989. Further case of the petitioners is that the Rajasthan Agriculture Subordinate Services Rules, 1978 (hereinafter referred to as "the Rules of 1978") were promulgated vide Notification dtd. 29. 6. 1978. According to Rule 5 of the Rules of 1978, all the persons holding substantive posts specified in the Schedule and all the persons regularly recruited in the service before the commencement of the Rules of 1978 were made the members of service and, as such, all the Assistant Agriculture Officers, irrespective of their educational qualifications became members of the service. The promotional post of Agriculture Supervisor is that of Assistant Agriculture Supervisor. The post of Assistant Agriculture Officer was made to be filled 50% by direct recruitment and 50% by promotion. For promotion to the post of Assistant Agriculture Officer, a person was required to have 10 years' experience on the post of Agriculture Supervisor. No educational qualification was required for the promotion. ;