1970 Supreme(Raj) 209

RAJASTHAN HIGH COURT
Kan Singh, J.
Dr. Gopal Krishna - Appellant
Versus
State Of Rajasthan And Ors. - Respondent
S.B. Civil Writ No. 1969.
Decided On : 23-02-1970

A surplus employee who is absorbed after the abolition of his post is entitled to a lien on a permanent post and, if appointed substantively to a new post, becomes a member of the service to which the new post belongs.

Headnote:

RAJASTHAN EDUCATIONAL SERVICE - ABSORPTION OF SURPLUS PERSONNEL - RAJASTHAN CIVIL SERVICES (ABSORPTION OF SURPLUS PERSONNEL) RULES, 1969 - INTERPRETATION - LIEN ON PERMANENT POST - APPOINTMENT AS DEPUTY DIRECTOR OF EDUCATION - MEMBERSHIP OF RAJASTHAN EDUCATIONAL SERVICE - SENIORITY AND PROMOTION.

Fact of the Case:

The petitioner, Dr. Gopal Krishna, was a permanent Government servant holding the post of Director, Vocational and Guidance Bureau, which was later abolished. He was absorbed as Deputy Director of Education and subsequently posted as Director, Vocational and Guidance Bureau again. He challenged the Rajasthan Educational Service Rules, 1960, for not including the post of Director, Vocational and Guidance Bureau and sought a direction to the State Government to appoint him as Joint Director of Education.

Finding of the Court:

The Court held that the petitioner, being a permanent Government servant, was entitled to a lien on a permanent post after absorption. The Rajasthan Civil Services (Absorption of Surplus Personnel) Rules, 1969, were applicable to the petitioner's case and mandated that a surplus employee be provided with a substantive appointment on a permanent post. The Court found that the petitioner was appointed as Deputy Director of Education in a substantive capacity and, therefore, became a member of the Rajasthan Educational Service. The Court also held that the petitioner's subsequent posting as Director, Vocational and Guidance Bureau, an ex-cadre post, did not result in the termination of his membership in the Rajasthan Educational Service.

Issues: 1. Whether the petitioner was entitled to a lien on a permanent post after absorption as a surplus employee? 2. Whether the Rajasthan Civil Services (Absorption of Surplus Personnel) Rules, 1969, were applicable to the petitioner's case? 3. Whether the petitioner was appointed as Deputy Director of Education in a substantive capacity? 4. Whether the petitioner became a member of the Rajasthan Educational Service upon his appointment as Deputy Director of Education? 5. Whether the petitioner's subsequent posting as Director, Vocational and Guidance Bureau, resulted in the termination of his membership in the Rajasthan Educational Service?

Ratio Decidendi: 1. Rule 18 of the Rajasthan Service Rules, 1951, provides that a Government servant's lien on a post may not be terminated, even with consent, if the result will be to leave him without a lien or on a suspended lien upon a permanent post. 2. Rule 2 of the Rajasthan Civil Services (Absorption of Surplus Personnel) Rules, 1969, overrides other service rules and orders and provides that surplus personnel shall be eligible for recruitment and appointment by absorption to various services or posts in accordance with these rules, subject to the availability of vacant posts. 3. The order appointing the petitioner as Deputy Director of Education did not specify that the appointment was temporary or officiating, and it further directed that the junior most Deputy Director be reverted to his substantive post of Inspector of Schools, indicating that the petitioner's appointment was substantive. 4. Rule 4(g) of the Rajasthan Educational Service Rules, 1960, defines "Member of the Service" as a person appointed substantively to a post in the service under the provisions of these Rules. Since the petitioner was appointed substantively as Deputy Director of Education, he became a member of the Rajasthan Educational Service. 5. The petitioner's subsequent posting as Director, Vocational and Guidance Bureau, an ex-cadre post, did not result in the termination of his membership in the Rajasthan Educational Service, as there is no legal bar to a member of the Rajasthan Educational Service holding an ex-cadre post.

Final Decision: The Court allowed the writ petition in part and directed the State Government to fix the petitioner's seniority in the cadre of Deputy Director of Education within six months and to consider his name for promotion to the post of Joint Director of Education when such a vacancy arises in the future.