Ajay Rastogi, J. - (1.) Petitioner has assailed validity of order dated 6.9.79 (Ann. 4) whereby he was sought to be reverted from the post of meter reader to substantive post of Helper Gr II; and entry (Ann. 6) in service record on 14.3.91 when respondent No. 2 actually executed its decision with regard to reversion pursuant to order dated 6.9.79.
(2.) Facts in brief, are that petitioner was initially engaged as daily rated workman on 8.6.63 and later on was appointed as work charged helper-II w.e '. 1.4.65 and was promoted as meter reader Gr. II vide order dated 7.5.75 pursuant to which he joined on 25.575 but this promotion was made effective, retrospectively from 1.4.68 vide order dated 5.5.76 (Ann. 2) as per decision of the Committee constituted in pursuance of ova (vi) Of Settlement dated 7.7.73 entered into between the then Rajasthan State Electricity Board & Prantiya Vidyut Mandal Mazdoor Federation (PVMMF). While issuing orders of promotion with retrospective effect (Ann.2) so also decision of aforementioned constituted Committee, it was made clear that any person aggrieved by Committee's decision and orders issued pursuant thereto, may be free to file appeal within 30 days to the appellate authority. According petitioner, no such appeal against his promotion was preferred by any of employees of respondents and he was never served with any notice by the appellate authority. That apart, in view of his promotion with retrospective effect from 1.4.68, he was further considered for grant of selection scale vide order dated 15.6.88 w.e.f. 1.7.79 (Ann. 5) upon completion of 11 years of satisfactory service on the post of Meter reader-II. On 14.3.91 respondent No. 2 entered in service book of petitioner stating that in view of order dated 6.9.79, he stood reverted from the post of meter reader Gr. 11 to helper-II, which according to him, for the first time came to his notice that some decision was ever taken by appellate authority with regard to his reversion in question vide order dated 6.9.79 (Ann. 4), inasmuch as such order of reversion passed by appellate authority was never given effect to for almost 11 years, rather he was allowed to continue on the post of meter reader-II continuously by respondents. Thereafter respondents called upon his explanation vide letter dated 14.5.91 (Ann. 7) asking to produce document to prove his appointment as meter reader Gr. Cl w.e.f. 1.4.68, to which he explained in his representation dated 15.5.91 (Ann. 8). However. respondents failed to consider his grievance. Hence, this writ petition.
(3.) This Court admitted writ petition on 3.1.92 and on stay petition vide order dated 13.11.92 directed respondents not to make any recovery from petitioner till further orders,which was made absolute vide order dated 5.4.94 while deciding respondent application for vacation of stay order.;