Govind Mathur, J. - (1.) BY this petition for writ, a challenge is given to the order dt. 07.05.1984 passed by the Dy. Development Commissioner (Administration -II), Department of Rural Development and Panchayati Raj, Government of Rajasthan whereby the petitioner was ordered to be reverted as Class -IV employee from the post of Gram Sewak.
(2.) IN brief, facts of the case are that the petitioner entered in the services of the respondent Panchayat Samiti, Luni being appointed as Class -IV employee on 28.08.1965. A promotion was accorded to him as "Gram Sewak" on temporary basis by the Secretary, District Establishment Committee, Zila Parishad, Jodhpur. Being brought in knowledge of the Dy. Development Commissioner (Administration -II) and after considering the same, the order impugned dt. 07.05.1984 was passed directing the Secretary of the District Employees Cadre Committee, Jodhpur to revert the petitioner as Class -IV employee. Being aggrieved by the same, the petitioner preferred a writ petition (SBCWP No. 1503/1984) before this Court that came to be disposed of on 08.09.1994 with a direction to the respondents to consider the case of the petitioner for regularization in service as "Gram Sewak" on basis of his record of service. The respondents in pursuant to the directions above passed an order dt. 10.11.1994 holding therein that on screening the petitioner was not found fit to be promoted as "Gram Sewak" i.e. Village Level Worker. Being aggrieved by the same, this petition for writ is preferred. It is contended by counsel for the petitioner that the respondents without considering case of the petitioner objectively, declared him unfit to hold the post of Village Level Worker (Gram Sewak).
(3.) IT is relevant to note that the screening of the petitioner for appointment as Gram Sewak was made in pursuant to Proviso 3 to R.6 of the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 that prescribes as follows: Provided also that the persons appointed as teachers, village level worker, Lower Division Clerk, Stockman, Driver and fourth class servant by the Appointing Authority on ad hoc/officiating/temporary basis under R.23 on or before 31.12.1985 and were continuously working as such on the date this proviso comes into force shall be screened by the Distt. Establishment Committee adjudging their suitability for appointment on the post held, provided that they possess the requisite qualifications prescribed in these rules either for direct recruitment or promotion or the prescribed qualification on the basis of which these persons were appointed under R.23. The committee shall also recommend the order on which these persons are to be placed.;