- (1.) This writ petition has been filed by the petitioners, praying that the orders dated 12.12.1996 and 13.12.1996 (Annexure-12 to Annexure-15) be quashed and set aside. Further, it is prayed that directions be issued to respondents No. 1 and 2 to hold performance test and regularise the services of the petitioners. Further, the prayer made by the petitioners is that directions be issued to respondent No. 3 to take the petitioners in employment, if it is found that they are not entitled to earlier relief.
(2.) Broadly speaking, the facts of the case are that all the four petitioners were appointed on the post of L.D.C. in the Judgeship of Dholpur, on adhoc basis after regular selections under the Rajasthan Subordinate Civil Courts Ministerial Establishment Rules, 1986. The particulars of each petitioner are as under: (A) Murari Lal-Petitioner No. 1 was appointed as L.D.C, on adhoc basis under Rule 23(3) of the Rules of 1986, by respondent No. 3 on 25.08.1987. He joined his service on 27.08.1987. Thereafter, the petitioner Murari Lal appeared in the Lower Division Clerk Recruitment Test, 1987 conducted by respondent No. 3 and was successful. He was at serial No. 9 in the merit. Thereafter, he submitted an application for transfer from Dholpur Judgeship to a post under the State of Rajasthan. His application was forwarded by the learned District and Sessions Judge, Dholpur, respondent No. 3 to the Secretary for Law and Legal Affairs Department, Government of Rajasthan, respondent No. 2. It is to be noted that respondent No. 3, in his forwarding letter, had specifically mentioned that the information in accordance to the Rajasthan High Court Circular dated 21.06.1976 is being furnished, which included that the lien of the applicant shall not be retained after his transfer. On consideration of the application and recommendation made by respondent No. 3, the Secretary Law and Legal Affairs, Government of Rajasthan accepted the request for transfer and issued an order on 07.07.1988 (Annexure-3). Accordingly, the petitioner Murari Lal was posted in the office of Special Public Prosecutor, Dholpur, which he joined on 15.07.1988. (B) Mohan Lal Kaushik- Petitioner No. 2 was appointed, on adhoc basis under Rule 23(3) of the Rules of 1986, by respondent No. 3 as L.D.C. by order dated 16.03.1989 (Annexure-5). He joined his duty on 18.03.1989. Subsequently, he had appeared in the written test conducted under the Rules of 1986 and was declared successful on 14.03.1990. He secured 14th position in the merit. The petitioner Mohan Lal Kaushik had also appeared in the typing test conducted by Rajasthan Public Service Commission and was declared successful (Annexure-7). Later on, he submitted an application for transfer from Dholpur Judgeship to a post under the State of Rajasthan. His application was also duly forwarded by respondent No. 3, in consonance with the Rajasthan High Court Circular dated 21.06.1976 to respondent No. 2. It was also specifically mentioned in the forwarding letter issued by the learned District Judge that no lien will be retained after the transfer. The respondent No. 2 had, after due consideration, accepted the application and ordered for transfer of the petitioner Mohan Lal on 09.07.1990. The order reads thus : The petitioner Mohan Lal was posted in the office of Government Advocate, Jaipur which he joined on 28.07.1990. (C) Mansukh- Petitioner No. 3 was appointed, on adhoc basis under Rule 23(3) of the Rules of 1986, on the post of L.D.C. by the respondent No. 3, vide his order dated 03.03.1989. He joined his duty on 07.03.1989. Thereafter, he applied for his transfer from Dholpur. Judgeship to a post under the State of Rajasthan. His application was duly forwarded by respondent No. 3 after giving the requisite information, as per the Circular of the High Court dated 21.06.1976. In this case also, it was given out by respondent No. 3 that his lien will not be retained after the transfer. The respondent No. 2 had then, after due consideration, accepted the application for transfer and issued an order dated 26.11.1990. He was posted in the office of Special Public Prosecutor, Bharatpur, which he joined on 01.12.1990. (D) Pramod Kumar Gupta-Petitioner No. 4 was appointed as LD.C, on adhoc basis by the respondent No. 3, under Rule 23(3) of the Rules of 1986, vide his order dated 03.03.1989. He joined his service on 04.03.1989. Subsequently, he applied for his transfer from Dholpur Judgeship to a post under the State of Rajasthan. His application was duly forwarded by respondent No. 3 on 27.10.1990 (Annexure-16) and the forwarding letter reads as under: The respondent No. 2 had, after due consideration, accepted the application for transfer by his order dated 15.11.1990. The petitioner Pramod Kumar Gupta then joined in the office of Special Public Prosecutor, Dholpur on 20.11.1990.
(3.) Since the aforesaid transfers and postings of the petitioners, made by respondent No. 2, they had been working on the post of State Government without any break or any compLalnt in respect of the work. Thereafter, in the year 1996 i.e. after lapse of more than six years, the respondent No. 2 had ordered that they should join back at Dholpur Judgeship. The said orders are impugned in this writ petition (Annexure-12 to Annexure-15). It had been mentioned in the impugned orders dated 12.12.96 and 13.12.96 that the transfers of the petitioners to Government offices were not valid as the relevant service rules are different. The employees of the State of Rajasthan are governed by Rajasthan Subordinate Office Ministerial Staff Rules, 1957 while the employees of subordinate Courts are governed by the Rules of 1986. It is to be noted here that at the time of issuance of the impugned orders by respondent No. 2, there had been no vacancy of L.D.C. in the office of Dholpur Judgeship.;