- (1.) We have heard learned counsel appearing for the parties.
(2.) This intra-court Special Appeal arises out of the judgment of learned Single Judge dated 10.09.2008, by which he has allowed the writ petition filed against the seniority list dated 18.03.1991, and has issued directions, as follows:- "27. Consequently, this writ petition deserves to be allowed and it is hereby allowed with the following directions:- 1. That the respondent-Corporation and its General Manager (Personal) is directed to modify the seniority list dated 18.03.1991 (Annexure-3) by placing the petitioner higher to Rajendra Kumar Saxena (respondent No.3) which has been shown at serial No.23. 2. Respondents are directed to hold/convene Review D.P.C. so as to consider the petitioner for promotion on the post of Accountant from the date from which respondent No.3 Rajendra Kumar Saxena was so promoted. 3. In case, the petitioner is promoted to the post of Junior Accountant on 13.05.1991 i.e. the date from which respondent No.3 was promoted on the post of Junior Accountant, then he shall be entitled to all consequential benefits."
(3.) The selections on the post of Junior Accountant in the Rajasthan Tourism Development Corporation, under the Rajasthan Tourism Development Corporation (Recruitment, Selection and Promotion) Rules, 1980, by way of direct recruitment, were held in pursuance to the advertisement dated 22.02.1983. The Selection Committee prepared a panel of 16 persons, out of the list of 26 persons i.e.22 (General) and 04 (SC/ST), for appointment. A reserve list was prepared on 07.10.1981, and remained in existence, under the Rules, for a period of six months. The persons at serial Nos.12 to 22 in the seniority list dated 18.03.1991, which was subject matter of challenge in the writ petition, were appointed in pursuance to the same selection between 20.10.1981 to 31.10.1981. They have been placed in the seniority list, under the Second proviso to Rule 18, in accordance with the merit list prepared by the Selection Committee.;