S. C Agrawal, J. - (1.) In this writ petition, filed under Articles 226 and 227 of the Constitution, the petitioners have prayed for the issue of a writ of certiorari to quash the order dated 29th June, 1978 passed by the Rajasthan Civil Service Appellate Tribunal, Rajasthan (hereinafter referred to the 'Tribunal') in Appeal No 740/77, filed by Shri Surajmal, respondent No. 2 (hereinafter referred to as the 'respondent employee').
(2.) The respondent employee was appointed as Chowkidar (Gangman) on 1st April, 1960 and he was promoted to the post of Pump Driver III on 23-10-1965. By order dated 4th June, 1970, the respondent employee was promoted to the post of Pump Driver II It appears that there were not sufficient number of posts of Pump Driver II, available in the department and by order dated 28th Aug. 1971, the respondent employee was adjusted against the post of Fitter II. Thereafter, the matter was referred to Absorption Committee and on the basis of the report of the Absorption Committee, an order dated 4th July, 1972 was passed whereby the respondent employee was absorbed on the post of Fitter II as he was surplus to the requirement of the cadre of Pump Driver II. By order dated 26th September, 1977, the respondent employee was asked to take over as Pump Driver II. Being aggrieved by the aforesaid order dated 26th September, 1977, the respondent employee preferred an appeal before the Tribunal. In the said appeal, the respondent employee submitted that in the cadre of the Fitter II, his seniority was at No. 2 and that as a result of the order dated 26th September, 1977 his seniority will come down to No. 6 in the cadre of Pump Driver II and further that while he was working as Fitter II, he was entitled to Rs. 14 per month as Cycle Allowance, which will be discontinued as a result of his transfer to the post of Pump Driver II. The respondent employee, therefore, submitted that as a result of the order dated 26th September, 1977, the conditions of the service of the respondent employee had been altered to bis disadvantage On behalf of the petitioner, it was submitted before the Tribunal that the respondent employee had only been adjusted against the posts of Fitter II on account of want of vacant post of Pump Driver II and that the order dated 26th September, 1977 could not be regarded as an order of reversion.
(3.) The Tribunal, by its order dated 26th June, 1978, has allowed the appeal of the respondent employee and has quashed the order dated 76-10-1977 on the view that the respondent employee had been absorbed as Fitter II as he was surplus to the requirement of the cadre of Pump Driver II and that he should be treated as holding the post of Fitter II from the date he was assigned to the Post of Fitter II for the purpose of his promotion to the post of Fitter I and for other benefits. Being aggrieved by the aforesaid order of the Tribunal, the petitioners have filed this writ petition.;