DWARKA PRASAD GUPTA,ACTING C.J. - (1.) THE petitioner has challenged, by means of this writ petition, the final seniority list issued by the Government of Rajasthan on December, 26, 1976 of substantive Assistant Conservators Forests, appointed to the Rajasthan Forest Service.
(2.) INITIALLY , the petitioner submitted that the respondents No. 3 to 8 were junior to him in the cadre of substantive Assistant Conservators of Forests, but as it transpires now, the respondents No. 3 to 7 have retired since the writ petition was filed in this court. The writ petition is, therefore, not pressed as against respondents No. 3 to 7. Thus the case of the petitioner now is that he was senior to respondent No. 8, while in the seniority list dated December 26, 1974, the petitioner's name has been shown at No. 5 and that of respondent No. 8 Shri B.S. Syal has been shown at No. 4, while it should be vice -versa. The facts, which have given rise to this controversy are that the petitioner was selected for appointments Assistant Conservator of Forest in the Rajasthan Forest Service by the Rajasthan Public Service Commission in the year 1961. After successfully undergoing training, the petitioner was appointed as officiating Assistant Conservator of Forest on probation for two years, with effect from 1st April, 1964 by an order of the State Government dated September 30, 1964. Subsequently, the petitioner was confirmed on the post of Assistant Conservator of Forest by order dated May 25, 1967 with, effect from June 9, 1966. The petitioner was appointed as Deputy Conservator of Forest in an ad hoc capacity. On June 9, 1971 and he was promoted as Deputy Conservator of Forest in officiating capacity on April 16, 1974. A seniority list was issued on January 2, 1974 of the officers of the Rajasthan Forests Service, in the cadre of Assistant Conservator of Forest and although the name of the petitioner was shown at No 18, the name of respondent No. 8 was mentioned in that seniority list at No. 21. Thus in the seniority list of January 2, 1974 the petitioner was shown as senior to respondent No. 8. However by a subsequent Notification dated December 2, 1974, the final seniority list dated January 2, 1974 was directed to be treated as provisional and the Officers whose names were included therein were allowed to submit representations in respect of that seniority list. Thereafter the impugned list dated December 26, 1977 was issued. The respondent No. 8 Shri B.S. Syal was appointed as Assistant Conservator of Forest in ad hoc capacity with effect from July 11,1963 by promotion. He was appointed to that post in an officiating capacity on May 25, 1967 and subsequently by an order dated January 2, 1974 he was confirmed on the post of Assistant Conservator of Forest with effect from June 9, 1963.
(3.) THE submission of the learned counsel for the petitioner is that as the petitioner was subsequently appointed earlier on the post of Assistant Conservator of Forest than respondent No. 8 Shri B.S. Syal so the petitioner was senior to the said respondent in the cadre of the Assistant Conservator of Forests.;