ASHOK KUMAR MATHUR, J. - (1.) THE petitioner has filed the present writ petition against his threatened reversion from the post of Statistical Officer. The petitioner was appointed as Statistical Inspector on 15th June, 1961 on ad hoc basic. The petitioner was thereafter selected by the Rajasthan Public Service Commission and he came to be regularly appointed on the post of Statistical Inspector. Thereafter the petitioner came to be confirmed on the post of Statistical Officer with effect from 1st March, 1969. The petitioner was promoted to the post of Statistical Assistant on temporary basis but later on he was confirmed on this post with effect from 18th June, 1979. The petitioner came to be promoted to the post of Statistical Officer by order dated 31st March, 1980 for a period of four months or till a duly selected candidates from the Rajasthan Public Service Commission or Departmental Promotion Committee are available which ever is earlier. This period of temporary appointment of the petitioner was extended from time to time and last extension was given vide order dated 17/19th September, 1984.
(2.) THIS writ petition has been filed by the petitioner because he apprehends that he is likely to be reverted now. The service condition of the petitioner is governed by the Rajasthan Economics and Statistical Service Rules, 1958 (here in after referred as the Rules of 1958). There are two sources of recruitment for this post, namely, be direct recruitment and by promotion. The direct recruitment is governed by Part IV of the Rules of 1958 and recruitment by promotion is governed by Part V of the Rules of 1958. The petitioner has submitted that the Government of Rajasthan in a reply filed before the Rajasthan Civil Services Appellate Tribunal in Appeal No. 12 of 1984 filed by Shri B.S. Yadav has taken the position as under: It is submitted that according to Rule 8 Sub -clause (b) of Rajasthan Economics and Statistical Service Rules, the Government is authorised to convert the quota of direct recruitment in promotions and vice -versa. As the Government was satisfied that suitable persons by direct recruitment were not available hence on the concurrence of RPSC the direct quota vacancy upto 1980 numbering in 52 were converted to be filled in by promotion. From this learned counsel submits that since the Government has decided that the direct recruitment quota vacancies upto 1980 numbering 52 were converted in promotion quota and the petitioner should be considered against this promotion quota till then he should not be reverted. It has been further submitted by the learned counsel for the petitioner that subsequently position has been altered by the Government of Rajasthan and the Government of Rajasthan has stated in the reply filed in the appeal No. 42 of 1985 filed by Ved Kumar Sharma before the Rajasthan Civil Services Appellate Tribunal, Jaipur as under: That no post of promotion quota is available because the post of direct recruitment from the year 1976 to 1980 totalling 52 were filled in by promotion and according to Rule 10 of the Rajasthan Economics and Statistical Service Rules, 1958 as amended by various service amendment rules, the appointment of vacancies determined under Clause (a) to each method shall be done maintaining the prescribed proportion for the over all number of posts already filled in. Thus the eight vacancies of the year 1981 and 12 vacancies of the year 1982 were rightly filled in by direct recruitment and no vacancy was treated for promotion quota and all the 20 vacancies were required to be filled in by direct recruitment.
(3.) IN this connection I may also reproduce relevant Clause (b) of Rule 8 of the Rules of 1958 amended vide Notification dated 17th October, 1984 as under: The recruitment to fill -in the vacancies occurring in a year in the post of Statistical Officer shall be made by promotion from amongst Statistical Assistants and by selection through the Agency of the Commission in the proportion of 1 : 2. This proportion has now been altered to 1 : 1 by the Rajasthan Economics and Statistical Service Rules, 1984. ;