JUDGMENT :

Indira Banerjee, J.

Leave granted.

2. This appeal filed by the Appellant is against a judgment and order dated 28th February 2018 passed by a Division Bench of the Jaipur Bench of the High Court of Judicature for Rajasthan, dismissing the D.B. Special Appeal Writ No. 2027 of 2017 and affirming an order dated 13th December 2017 passed by a Single Bench, whereby the Single Bench had dismissed a Writ Petition being W.P. (C) No. 7392 of 2017 filed by the Appellant, challenging his downgradation in seniority.

3. The Appellant, a handicapped candidate of the “OBC” category with the educational qualifications B.A., B.Ed, was selected Senior Teacher under the Education Department of the Government of Rajasthan, through a direct competitive examination.

4. By an Office Order being Sl. No. UNishi/Bika/Churu/Sanstha-B/1233/69/92-93 dated 30th July 1993 of the Office of the Deputy Director (East) Education Department, Bikaner Zone, Churu, the Appellant was appointed Senior Teacher and allotted Ganganagar Zone. The terms and conditions of the service of the Appellant were governed by the Rajasthan Educational Subordinate Service Rules, 1971.

5. By an Office Order being Sl. No. Nishia/Ganga/Sanstha=1/93-94/1071 dated 10th August 1993 issued by the Office of the District Education Officer (Students Associations) Sriganganagar, the Appellant was appointed Senior Teacher of the Government Secondary School, Deeplana, in Hanumangarh, District Bikaner.

6. From the aforesaid Government orders, it is patently clear that the Appellant was appointed in category of handicapped candidates. Deeplana, where the Appellant was posted is located at a distance of about 550 kms away from Behror, the place of residence of the Appellant in Alwar District.

7. Under the Rajasthan Employment of Physically Handicapped Rules, 1997, 3% posts in Subordinate Ministerial and Class-IV service have been reserved for the disabled. The reservation of posts is also applicable to the appointment of teachers of government schools.

8. By a Circular being Sl. No. P.15(3) Pr.Su/Even/1/2000 dated 20th July 2000 issued by the Finance Department of the Rajasthan Government, all appointing authorities were directed to consider the appointment/posting of persons with disabilities at or near the place for which they opt at the time of appointment/posting.

9. After issuance of Circular, the Appellant made a representation that the Appellant be transferred to his home district Alwar, considering his physical disability.

10. By a communication being Sl. No. F16(1) () Aamij/01/6705 Jaipur dated 21st September 2001, the Additional Commissioner, Disabled Person drew the attention of the Director, Secondary Education, Bikaner, Rajasthan, to the difficulties faced by the Appellant as a handicapped candidate posted at a distance of about 550 kms from his residence and requested the Director, Secondary Education to get the Appellant transferred to Government Secondary School, Giglana (Alwar) so that he could discharge his responsibilities without any impediment.

11. Thereafter, by an order dated 19th October 2002, the Deputy Director of Education (Secondary) transferred the Appellant as Senior Teacher of the Government Secondary School, Goonti, Alwar.

12. By an order dated 12th November 2002, the Principal, Government Secondary School, Deeplana in Hanumangarh released the Appellant to enable him to join the Government Secondary School at Goonti in Alwar. It appears that the Appellant joined the Government Secondary School, Goonti, Alwar on 13th November 2002 at 10.30 a.m. The Appellant contends that at no point of time was the Appellant informed that transfer to his home district would entail the consequence of downgradation in his seniority.

13. On 17th July 2016, the Appellant was promoted to the post of Junior Lecturer and posted at the Government Aadarsh Senior Secondary School at Nangalkhodia, Behror, Alwar. Thereafter, on 24th April 2017, the temporary eligibility list of qualified teachers f