JUDGEMENT
Veerender Singh Siradhana, J. -
(1.) Aggrieved of the office order dated 22nd June, 1996, according promotion to respondent number 5, the petitioner has instituted the present writ proceedings praying for the following relief(s): - -
"(i) That by an appropriate writ, order or direction the impugned order dt. 22.6.96 so far it relates to the promotion of Resp. No. 5 may kindly be quashed and set aside and further the respondents may kindly be directed to promote the humble petitioner to the Post of meter reader w.e.f. 22.6.96 with all consequential benefits instead of respondent No. 5.
(ii) That by an appropriate writ, order or direction the respondents may kindly be directed to regularise the petitioner w.e.f. his initial date of appointment instead of declaring him work charged employee.
(iii) That any other writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.
(iv) Cost may be awarded in favour of the petitioner."
(2.) Briefly, the skeletal materials facts necessary for appreciation of the controversy raised herein are: that the petitioner was initially engaged on 22nd December, 1984, on daily wages basis in Devli Sub Division, District Tonk, for a period of six months, which was later on extended vide another order dated 27th July, 1985, upto 31st December, 1985. The petitioner was thereafter accorded appointment as 'Helper -cum -Chowkidar' with effect from 1st January, 1986, in the pay scale of Rs. 365 -460.
(3.) A provisional seniority list was issued for the period with effect from 1st September, 1986 to 31st March, 1990, unit -wise as contemplated under the Rajasthan Engineering Subordinate Service (Public Health Branch) Rules, 1967 (hereinafter referred to as the 'Rules of 1967', for short). The provisional seniority list for Urban Division at Tonk did not include the name of the petitioner whereas his name ought to have been included in the seniority list. On 17th April, 1995, the petitioner addressed a representation claiming promotion to the post of Meter Reader for he completed ten years of regular service, and therefore, was entitled to a declaration to that effect and promotion in consequence thereof.;
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