Veerender Singh Siradhana, J. - (1.) THIS is second round of litigation on behalf of the petitioner wherein he has approached this Court praying for the following relief(s): - - "(i) Give placement, scale, Seniority other financial benefits as are being given to his batch mates of the 1997 and the respondents may also be directed to place the petitioner above the person in seniority who had cleared position No. 53 in 1997 selection batch. (ii) Apply the old Service Rules prior to 2006 amendment as are applicable to his batch. (iii) Give back wages to the petitioner from June, 2001 onwards. (iv) Any other relief to which the petitioner may be entitled to may also be granted in his favour."
(2.) BRIEFLY , the indispensable skeletal material facts necessary for appreciation of the controversy raised herein needs to be first noticed. The petitioner successfully participated in the competitive examination conducted by the Rajasthan Public Service Commission, Ajmer (hereinafter referred to as the 'Commission', for short), for the post of Lower Division Clerk. Name of the petitioner found place at serial number 52 in the merit list, and he was allotted the Law and Legal Affairs Department for placement vide communication dated 20th July, 2001. Later on, the petitioner was directed to appear before the State Consumer Commission on 28th November, 2001. Since, the petitioner was not allowed joining, he moved this Court by instituting SBCWP Number 4445 of 2003, which was decided on 10th October, 2006, directing the respondents to allow joining for which the petitioner was insisting since 2001. In compliance of the direction, the petitioner was accorded posting and appointment vide order dated 9th February, 2007, with the terms and conditions stipulated therein. Since, the petitioner has been declined placement, scale, seniority and other financial benefits, as accorded to his batch mates of the year 1997; hence, this petition.
(3.) IN response to the notice of the writ application, the State -respondents have filed their counter affidavit supporting their stand relying upon the notification dated 13th February, 2007 (Annexure -8), amending the Rajasthan Service Rules, 1951 (for short 'Rules of 1951'), by insertion of 'Note (vi)' below Rule 8, which contemplates appointments of the selectees to be governed in accordance with the amended rules with an exception to the recruitment process, which was completed and appointments were issued prior to 20th January, 2006, except to some of the selectees because of stay orders of Court or any other justified reason. The State -respondents relied upon Rule 30 of the Rajasthan Public Service Commission (Ministerial & Subordinate Service) Rules and Regulations, 1999, which contemplates that inclusion of a candidate's name in the list confers no right to appointment unless the appointing authority is satisfied, after such inquiry as may be considered necessary, that such candidate is suitable in all other respect for appointment to the post concerned.;