LODHA, J. - (1.) THIS reference, in a group of 19 writ petitions, in the opinion of the Single Judge, became necessary because of two conflicting decisions viz. , (one) Bhagwan Singh vs. Rajasthan State Road Transport Corporation (D. B. Special Appeal No. 1/2001, decided by the Division Bench on 20. 11. 2001) and (two) Jugal Kishore vs. Rajasthan State Road Transport Corporation (D. B. Special Appeal No. 2996/2006, decided by another Division Bench on 10th May, 2006 ).
(2.) THE Single Judge in the referral order observed thus:      " Having carefully pondered over the judgments of division bench rendered earlier in Bhagwan singh vs. R. S. R. T. C. (supra) and later in Jugal Kishore vs. R. S. R. T. C. (supra) I find that they are in clear conflict and what has been observed in earlier D. B. Judgment has not been countenanced in latter D. B. judgment, ibid. " The facts being identical in all the writ petitions, to avoid multiplicity of facts and for the sake of brevity, we shall refer to the facts obtaining in the case of Munna Lal Sharma vs. The Managing Director, R. S. R. T. C. & Ors. (Writ Petition No. 144/2007 ). Munna Lal was appointed as Conductor on 27th May, 1984 in the Alwar Depot of the Rajasthan Roadways Transport Corporation (for short, "the Corporation" ). He was confirmed as conduct on 10th May, 1985. For the period from 1st December, 1988 until the order dated 30th December, 2006 came to be issued, the petitioner was posted as a Junior Accountant (Canteen Stall), Booking clerk and D. S. A. , Checking (Revenue Branch ). By the order dated 30th December, 2006, he was asked to work as conduct on route in the Alwar depot. This order has been challenged by him in the writ petition on the ground that he has been working as Booking Clerk/l. D. C. for the last about 19 years continuously and in view of the decision of the Division Bench of this Court in the case of Bhagwan Singh and few other decisions rendered by the Single Benches, the employee who was initially employed as Conductor and working on the post of Booking Clerk cannot be posted as Conductor particularly when he has been working on the post of Booking Clerk on a clear vacancy. He alleged that, though he has been posted as Conductor on route vide order dated 30th December, 2006, many junior persons still continue as Booking Clerks. The Corporation made Rajasthan State Road Transport Corporation Employees Services Regulations (for short, "the Service Regulations") in exercise of the powers vested in it under Section 45 of the Road Transport Corporation Act, 1950. The service regulations apply to all employees of the Corporation other than who have been expressly excluded in regulation No. 2 thereof. In regulation No. 7 (3), `cadre' means the strength of a service or part of a service sanctioned as a separate unit. Schedule-I appended to the Service Regulations provides for classification of services including the nature of posts in each service of the Corporation. As per the said schedule, the `traffic staff' comprises of diverse posts including Conductor, Adda Conductor, Assistant Traffic Inspector etc.
(3.) THE pay scale of Conductor and Adda Conductor is the same. THE promotion to the post of Assistant Traffic Inspector is through the channel of Conductors/adda Conductors. In the year 1979, Rajasthan State Road Transport Employees Union (AITUC), (for short, `union'), inter alia raised the demand for re-designation of the post of `adda Conductor' as `booking Clerk'. In view of the settlement with the Union, the Corporation issued an order on 13th March, 1930 re-designating the post of `adda Conductor', `booking Clerk'. By the said order, the Corporation decided that a seniority list of Booking Clerks shall be separately prepared and based on that seniority, the posting of Booking Clerks shall be done. It was clarified that the post of Booking Clerk shall not be a new post but a re-designated post of `adda Conductor'. The Depot Managers were also called upon by the said order to call for the option from the concerned employees whether they were desirous of being posted on the re- designated post. The Corporation issued another office order on 21st August, 1981 mentioning therein that those who have opted for being posted as Booking Clerks are being posted accordingly. It was further mentioned that the order of posting shall be issued by the concerned Depot Manager as per the sanctioned posts. ;