Govind Mathur, J. - (1.) Though the petitioner has claimed for assigning seniority to him in the cadre of Lower Division Clerks with effect from 20th April, 1978, however, during course of arguments he confined his claim for reckoning his seniority with effect from 20th April, 1980, the day on which he was selected on regular basis for appointment as Lower Division Clerk.
(2.) The factual matrix necessary for adjudication of instant petition for writ is that the petitioner entered in the service of the Agriculture Marketing Committee, Krishi Upaj Mandi Samiti, Rani on 20th April, 1978, on daily rate basis. The respondent Mandi Samiti allowed regular pay scale to the petitioner with effect from 02nd August, 1978, however, the same was withdrawn subsequent to 31st March, 1979.
(3.) The respondent Rajasthan Agriculture Marketing Board, Jaipur initiated process of selection for appointment to the posts of Lower Division Clerks/Auction Clerks/Auctioneers in different Marketing Committees in the State of Rajasthan and the petitioner, while working on daily rate basis with Krishi Upaj Mandi Samiti, Rani; faced process of selection, result of which was declared subsequently. Under an order dated 24th October, 1980, the Director (Agriculture Marketing), Rajasthan, Jaipur instructed the Secretary, Krishi Upaj Mandi Samiti, Rani to issue necessary order of appointment in favour of the petitioner and two other persons, namely - Messers Madan Singh Purohit and Prem Prakash Pareek. The Director (Agriculture Marketing), in the order dated 24th October, 1980, in quite unambiguous terms stated that selections of the petitioner and other two persons referred in the order concerned was as per provisions of clause (b) of sub-rule (6) of rule 64-I of the Rajasthan Agriculture Produce Markets (Marketing Committee Employees' Service) Rules, 1975.;