- (1.) INSTANT intra -court appeal has been preferred against order of the ld. Single Judge Dt. 29/09/2008.
(2.) IT is not disputed that services of the employees are governed by the Rajasthan Tourism Development Corporation (Recruitment, Selection and Promotion) Rules, 1980 (for short, 'Rules 1980') and seniority of the employees are to be governed in terms of R.18 of Rules 1980 and that clearly postulates that seniority of an employee has to be determined from the date of his regular appointment on the post but at the same time, regular appointment is nowhere defined under the Scheme of Rules but one thing can be noticed from the Scheme of Rules that Part -III lays down the procedure for Recruitment & Promotion and the procedure for direct recruitment is provided u/R. 13 and at the same time, procedure for recruitment by promotion/selection u/R.14 of the Rules, 1980 and such of the recruitment which was made after undergoing the procedure for direct recruitment or by promotion/selection, as the case may be, can be considered as a regular appointment and may be relevant for determination of seniority u/R.18 of the Rules, 1980. The impleaded respondents herein, namely; Sidhrath Dev, Anil Ranawat and Satya Narain Sandhwat (writ petitioners), on the basis of the date of their alleged regular appointment, were placed in the seniority list Dt. 23/04/1999 by the appellant -Corporation. They being aggrieved, jointly filed writ petition and it was prayed that their initial appointment in the establishment was after their regular recruitment as provided under the Scheme of R. 13 of Rules and each of them held regular appointment and became entitled for determination of seniority u/R. 18 of the Rules, 1980 treating their initial appointment to be a regular appointment.
(3.) REPLY to writ petition was filed by the appellant before the ld. Single Judge and it was averred that their initial appointment was not regular appointment and as they were confirmed on completion of two years' probation w.e.f. 01/04/1987 vide order Dt. 23/01/1991, each of them would be considered to be regularly appointed w.e.f. 01/04/1985 and accordingly seniority be assigned to them in terms of R. 18 of Rules 1980. As regards impleaded respondents before the ld. Single Judge are concerned, they were appointed on contract basis and after screening they were regularized w.e.f. 01/04/1984 and 01/04/1985 respectively and accordingly confirmed on completion of their two years of service w.e.f. 01/04/1986 and 01/04/1987 respectively.;