M.N. Bhandari, J. - (1.) By this writ petition, a challenge is made to the order dated 1.10.2015. By the aforesaid order, a decision has been taken to make promotion on the post of Inspector, Land Records by removing the ban imposed earlier.
(2.) Learned counsel submits that petitioners are in second round of litigation. The writ petition bearing No. 10099/2014, Banwari Lal versus State of Rajasthan, was disposed of by this court vide order dated 8.10.2014. The petitioners were directed to make representation to the Principal Secretary to the Government, Revenue Department for issuance of necessary directions/instructions for deferment of promotion till the decision is taken for amendment in the Rules. The decision to amend the Rajasthan Land Revenue (Land Records) Rules, 1957 was taken by the government looking to the fact that no provision for determination of seniority of the post of Patwari exist. After undertaking exercise at the level of the government and the Board of Revenue, draft was prepared for amendment in the rules. The rules have not yet been amended in regard to determination of seniority on the post of Patwari though some other provisions have been amended vide Notification dated 26.5.2015. Taking into consideration the proposal of amendment in the rules, a decision was taken by the Board of Revenue not to hold DPC till the rules are amended. It was in the light of the order of the Department of Personnel referred in the letter dated 16.6.2015 at annexure -16. As per the order dated 16.6.2015, DPC is not to take place till completion of process of amendment in the rules but, ignoring the aforesaid, now, Board of Revenue has proposed to make promotion on the post of Inspector (Land Records).
(3.) Learned counsel has referred certain rules to show that no provision exist for determination of seniority for the post of Patwari and in absence of it, promotion to the post of Inspector, Land Records cannot be undertaken with proper consideration of the candidature of the eligible candidates. Rule 301 of the Rules of 1957 provides for promotion on the post of Inspector, Land Records based on interlaced seniority at the level of the Division. It is submitted that appointment on the post of Patwaries are made by the Collector after their selection at the level of the Board of Revenue. Rule 9 of the Rajasthan Land Revenue (Land Records) Rules, 1957 provides for transfer of Patwaries from one place to another. In case of a transfer on the request of the Patwari, he looses his seniority and is placed at the bottom of the seniority of the district concerned where he sought transfer. The aforesaid provision cannot have any effect while giving effect to the Rule 301 of the Rules. The promotion to the post of Inspector, Land Records is to be made by preparing interlaced seniority of the district concerned and there the date of appointment should be material for determination of seniority without placing any candidate at the bottom pursuant to rule 9 of the Rules of 1957. Such a method has been adopted by Udaipur Division as is coming out from the order dated 23.6.2015 at anneuxre -19. It is admitted by the Division concerned that even if transfer is made at the request, for the purpose of promotion, such a Patwari is not debarred and is not placed at the bottom of the seniority of the district concerned. The practice aforesaid has been applied by Udaipur Division since long and is by taking correct interpretation of rule 301 thus, if, at all, respondents cannot wait till amendment in the Rules, as proposed, they should adopt method for determination of seniority and for promotion, as has been applied by Udaipur Division. If this court comes to the conclusion that the practice adopted at Udaipur Division is not proper, then keeping in mind the circular of the Department of Personnel dated 4.6.2008, having tenor of the regulation, no DPC should be permitted till amendment in the rules. In view of above, order dated 1.10.2015 may be quashed with a further direction to the non -petitioners to give effect to the proposed amendment in the rules for determination of seniority of the Patwaries and till then, no promotion should be made.;