The seniority of Inspectors, Land Records is to be determined from the date of their continuous officiation on the post of Inspector, Land Records, subject to certain conditions, including the condition that they possess a diploma of having passed the Girdawar Konunga Examination.

Headnote:
RAJASTHAN LAND REVENUE ACT - RULE 171-A - SENIORITY OF INSPECTORS, LAND RECORDS - DETERMINATION - TRANSFER FROM CONSOLIDATION DEPARTMENT TO LAND RECORDS DEPARTMENT - APPLICABILITY OF RULE 171-A - RAJASTHAN CIVIL SERVICES (ABSORPTION OF SURPLUS PERSONNEL) RULES, 1969 - APPLICABILITY - SURPLUS PERSONNEL - MEANING - RAJASTHAN SUBORDINATE SERVICE (RECRUITMENT AND OTHER SERVICE CONDITIONS) RULES, 1960 - APPLICABILITY - EQUIVALENT POST - MEANING.
Fact of the Case:

The petitioner, a Surveyor in the Consolidation Department, was declared surplus and transferred to the Land Records Department as an Inspector, Land Records. He challenged the seniority list prepared under Rule 171-A of the Rajasthan Land Revenue (Land Records) Rules, 1957, arguing that the Rajasthan Civil Services (Absorption of Surplus Personnel) Rules, 1969 should apply and his seniority should be determined from the date of his appointment as Surveyor.
Finding of the Court:

The court held that the petitioner was not declared surplus but was transferred from the Consolidation Department to the Land Records Department on his own application. Therefore, Rule 171-A of the Rajasthan Land Revenue (Land Records) Rules, 1957 applied and not the Rajasthan Civil Services (Absorption of Surplus Personnel) Rules, 1969. The court also held that the Rajasthan Subordinate Service (Recruitment and Other Service Conditions) Rules, 1960 did not apply as Rule 171 of the Rajasthan Land Revenue (Land Records) Rules, 1957 specifically excluded posts for which Subordinate Service Rules were promulgated.
Issues: 1. Whether the Rajasthan Civil Services (Absorption of Surplus Personnel) Rules, 1969 applied to the petitioner's case. 2. Whether the Rajasthan Subordinate Service (Recruitment and Other Service Conditions) Rules, 1960 applied to the petitioner's case. 3. Whether the petitioner's seniority should be determined from the date of his appointment as Surveyor or from the date of his transfer to the Land Records Department.
Ratio Decidendi: 1. The Rajasthan Civil Services (Absorption of Surplus Personnel) Rules, 1969 applied only to surplus personnel, who were declared surplus by the Government or the Appointing Authority and whose services were retained by absorption on other posts. The petitioner was not declared surplus but was transferred from one department to another on his own application. Therefore, the Rajasthan Civil Services (Absorption of Surplus Personnel) Rules, 1969 did not apply to his case. 2. The Rajasthan Subordinate Service (Recruitment and Other Service Conditions) Rules, 1960 did not apply to posts for which Subordinate Service Rules were promulgated. Rule 171 of the Rajasthan Land Revenue (Land Records) Rules, 1957 was a Subordinate Service Rule promulgated for the post of Inspector, Land Records. Therefore, the Rajasthan Subordinate Service (Recruitment and Other Service Conditions) Rules, 1960 did not apply to the petitioner's case. 3. The petitioner's seniority should be determined from the date of his appointment as Surveyor, which was the date of his continuous officiation on the post of Inspector, Land Records.
Final Decision: The court directed the respondents to fix the petitioner's seniority in accordance with the court's observations. The stay on the petitioner's reversion from the post of Naib Tehsildar to the post of Inspector, Land Records was to continue pending the fixation of seniority.

JUDGMENT

1. - In this rule the petitioner has challenged the order of seniority as also the provisional list published on the ground that Rule 171(1) of the Rajasthan Land Revenue (Land Records) Rules, 1957 be declared ultra-vires and illegal and that the petitioner should get seniority computed as per the Rajasthan Civil Services (Absorption of Surplus Personnel) Rules, 1969 and for other reliefs namely, restraining the respondents from effecting the reversion of the petitioner from the post of Naib Tehsildar to post the of Inspector (Land Records) and for quashing the order of reversion. Mr. Mridul argued that in consequence of his prayers in (a) and (b) the petitioner may not be reverted.

2. The facts leading to the rule are as follows. The petitioner was appointed as Amin on October 2, 1954 and was promoted as Surveyor with effect from August 14, 1957 in the Consolidation Department after passing the Surveyor examination. It Appears that every time the seniority list was being prepared and the petitioner moved this Court and obtained the stay order, but every time the rule was disposed of as being infructuous. It was further alleged that the petitioner was declared surplus due to economy out effected by the Government and came to be absorbed as Inspector Land Records by transfer in Jalore district vide order dated November 4, 1963 of the Board of Revenue for Rajasthan, The petitioner joined the post on November 14, 1963. The petitioner also obtained a Diploma from the Ail-Purpose Revenue Training School, Tonk, as required by the Rajasthan Land Revenue (Land Records) Rules, 1957, on July 20, 1964, when he was asked to take the training referred to herein above by the competent authority. On September 21, 1966 the Collector, Jalore, proceeded to order mentioning therein that for existing 9 clear vacancies in the scale of Rs. 90-4-170 the names be arranged in order of seniority-cum merit of the incumbent concerned and the petitioner's name came to be mentioned at serial No. 9. The date of his continuous service as Kanugo came to be shown as November 14, 1963 and was also shown to be a trained Kanugo. The petitioner filed objections stating inter-alia that he was appointed as Surveyor, a post equivalent to the cost of Inspector, Land Records on August 14, 1957 and was absorbed by transfer from that post and he should be treated as Inspector, Land Records with effect from that day and assigned seniority accordingly. But by order dated April 23, 1971, the Collector, Jalore confirmed the petitioner with 9 other Inspectors, Land Records with effect from September 28, 1967. The petitioner again objected to such confirmation, but no order for confirming the petitioner with effect from August, 14, 1957, however, as passed. The petitioner was promoted as Naib Tehsilder by order dated May 27, 1968 and was ordered to be posted as Famine Naib Tehsildar in Jaisalmer district, which appointment was, however, on temporary and ad-hoc basis. By order dated September 26, 1970 the petitioner, however, was reverted from the post of Naib Tehsildar to the post of Inspector, Land Records. Aggrieved from this order, the petitioner filed a writ application and this Hon'ble Court was pleased to stay the order of reversion and the petitioner thereafter was transferred as Naib Tehsildar Chauttan Tehsil, District Barmer and presently holding the post of Naib Tehsildar, Ajmer District, Ajmer. On September 24, 1973 an order was made by the Board of Revenue, Rajasthan, Ajmer reverting the petitioner from the post of Naib Tehsildar to the post of Inspector, Land Records in District Sirohi. In the writ petition filed by the petitioner, a statement was made on behalf of the Board of Revenue for Rajasthan that new Rules have been made in regard to the promotion of the post of Naib Tehsildars and a seniority list has also been prepared once again and that the petitioner will not be reverted till his case has been considered according to the new Rules and new seni

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1984 Supreme(Raj) 520

RAJASTHAN HIGH COURTPradyot Kumar Banerjee, J.Shanti Lal Ojha - AppellantVersusThe State of Rajasthan and Anr. - RespondentS.B. Civil Writ Petition No. 45 of 1978.Decided On : 28-11-1984

The seniority of Inspectors, Land Records is to be determined from the date of their continuous officiation on the post of Inspector, Land Records, subject to certain conditions, including the condition that they possess a diploma of having passed the Girdawar Konunga Examination.

RAJASTHAN HIGH COURT
Pradyot Kumar Banerjee, J.
Shanti Lal Ojha - Appellant
Versus
The State of Rajasthan and Anr. - Respondent
S.B. Civil Writ Petition No. 45 of 1978.
Decided On : 28-11-1984