The services rendered by an absorbed employee on an equivalent or higher post of absorption in the parent department shall be counted for the purposes of seniority in the absorbing department.

1. - This writ petition has been filed by the petitioners seeking relief that the provisional seniority-list of Inspectors of the Transport Department, Rajasthan stated 23.2.1991 (Annexure -12) and the final seniority-list dated 16.8.1991 (Annexure-14) be declared illegal; and, for assigning seniority to the petitioners as per Rule 15(1), Rajasthan Civil Services (Absorption of Surplus Personnel) Rules, 1969 (hereinafter to be called 'the Rules of 1969') from the date of their appointment on the posts of Blaster or, in the alternative, for directions that the petitioners stood absorbed on the posts of Inspectors with effect from 30.11.1978 i.e., the date of their first absorption in the Transport Department.

2. On the basis of the pleadings of the parties the facts summarised are that petitioner No. 1 Jaswant Singh was initially appointed on the post of Blaster on 8.2.1968 and petitioner No. 2 Gopal Singh was similarly appointed on 8.9.1969 in the Ground Water Department. These appointments were made after advertisement of the vacancies and due process of selection and, later on, made substantive with effect from 1.6.1970. In the Department, the proficiency certificate obtained by the petitioners was not treated as equivalent to the diploma by the State Government and thus they were not given the benefit admissible to diploma-holders. A writ petition was filed by one Mani Ram Rakhecha in the High Court which was registered as S.B. Civil Writ Petition No. 1725 of 1975 Mani Ram v. State of Rajasthan, for declaration that the proficiency certificate should be treated as equivalent to diploma. This Court in its judgment dated 22.12.1978 has held that the proficiency-certificate issued by the Movement of Rajasthan was equivalent to diploma in Mechanical Engineering and accordingly pay was to be fixed by treating the certificate-holders as equivalent to diploma-holders. The judgment was affirmed by the Supreme Court and the benefit of the judgment was extended to all similarly situated persons vide order dated 3.6.1981. In pursuance thereof, the petitioner's pay was revised and fixed with effect from 1.9.1976 treating him to be diploma-holder. In the meantime, the petitioners were declared surplus in the Ground Water Board Department on 1.7.1978 and 1.5.1978 respectively and their names were referred to the General Administrative Department for their absorption. Vide order dated 30.11.1978 the petitioners were absorbed on the posts of Sub-Inspectors in the Transport Department and on 15.4.1981 they were confirmed as such. The order of absorption was challenged in appeal filed by one Jugal Kishore Purohit before the Rajasthan Civil Services Appellate Tribunal. The same was registered as Civil Appeal No.957 of 1979. The appeal was allowed by judgment dated 11.6.1981 and their absorption was set at naught. It is alleged by respondents No. 7 and 8 in their return that the Tribunal was pleased to hold that the absorption of the petitioners was illegal and was contrary to the Rules of 1969 and, therefore, the petitioners' absorption on the posts of Motor Vehicle Sub-Inspector was declared illegal and the order of their absorption was quashed and set aside. The writ petition filed against the said order was dismissed by the High Court on 6.8.1983 which was registered as D.B. Civil Writ Petition No. 1564 of 1981. Later on, by order dated 13.8.1984 the petitioners were absorbed from 13.8.1984 as Inspectors in the Transport Department and were confirmed on the said post with effect from 4.10.1990. This order of absorption was again challenged before the Civil Services Appellate Tribunal and the Tribunal by its order dated 28.2.1986 has held the order of absorption of the appellants as Inspectors in the Transport Department valid. On 23.2.1991, a provisional seniority-list of Inspectors of the Transport Department was published inviting objections and the final seniority-list was issued on 16.8.1991 wherein the petitioners' names appe