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IN THE HIGH COURT OF RAJASTHAN
Arun Bhansali, J.
Kamlesh - Appellant
Versus
State Of Rajasthan, Through Principal Secretary - Respondent
Civil Writ Petition No. 10384 of 2018, 10281 of 2018
Decided On : 30-05-2019
RAJASTHAN LAND REVENUE (LAND RECORDS) RULES, 1957 - RULE 301 - AMENDMENT - SENIORITY OF PATWARIS - DETERMINATION - FIRST DATE OF JOINING AS PATWARI - INTERPRETATION - EFFECT OF CABINET DECISION ON SENIORITY - NO RETROSPECTIVITY.
Fact of the Case:
Petitioners, selected for the post of Patwari in 1999, were appointed as Gram Sewaks in 2000 on a fixed sum of Rs.1200/- per month. In 2002, they were appointed as Patwaris after completing training. A cabinet decision in 2013 regularized their service as Gram Sewaks and provided notional benefits. In 2017, Rule 301 of the Rajasthan Land Revenue (Land Records) Rules, 1957 was amended to determine seniority based on the first date of joining as Patwari. Petitioners challenged the validity of the amendment and sought to count their service as Gram Sewaks for seniority purposes.
Finding of the Court:
The court held that the cabinet decision did not intend to flout the specific provisions of the Rules of 1957, which required Patwaris to obtain a Patwar School Certificate. The guidelines issued by the Registrar in 2015, providing for seniority based on the new first date of appointment, did not create any right in favor of the petitioners. The amendment of 2017 changed the paradigm of determining seniority from District level to State level and required the determination of the date of joining of various Patwaris. The court found that the petitioners could not claim to have joined as Patwaris on the date they joined as Gram Sewaks, as this would be in derogation of the express provisions of Rule 4(b) and Rule 301(1)(ii) of the Rules of 1957.
Issues: 1. Whether the cabinet decision intended to flout the specific provisions of the Rules of 1957, which required Patwaris to obtain a Patwar School Certificate? 2. Whether the guidelines issued by the Registrar in 2015, providing for seniority based on the new first date of appointment, created any right in favor of the petitioners? 3. Whether the amendment of 2017 changed the paradigm of determining seniority from District level to State level and required the determination of the date of joining of various Patwaris? 4. Whether the petitioners could claim to have joined as Patwaris on the date they joined as Gram Sewaks?
Ratio Decidendi: 1. The cabinet decision did not intend to flout the specific provisions of the Rules of 1957, which required Patwaris to obtain a Patwar School Certificate. The guidelines issued by the Registrar in 2015, providing for seniority based on the new first date of appointment, did not create any right in favor of the petitioners. The amendment of 2017 changed the paradigm of determining seniority from District level to State level and required the determination of the date of joining of various Patwaris. The petitioners could not claim to have joined as Patwaris on the date they joined as Gram Sewaks, as this would be in derogation of the express provisions of Rule 4(b) and Rule 301(1)(ii) of the Rules of 1957.
Final Decision: The writ petitions filed by the petitioners were dismissed.
JUDGMENT
Arun Bhansali, J. - These writ petitions have been filed by the petitioners aggrieved by the seniority list issued by the respondents pursuant to the amendment in Rule 301 of the Rajasthan Land Revenue (Land Records) Rules, 1957 ('the Rules of 1957') and order dated 12.04.2018 issued by the Registrar, Revenue Board seeking information based on the guidance indicated in the said order.
2. The facts of the dispute are chequered, an advertisement was issued in the year 1999 for selection to the post of Patwari and applications were invited under Rule 273 of the Rules of 1957. The petitioners applied for the same and after passing the written test, they were selected as Patwari, however, pursuant to the decision taken in meeting dated 23.05.2000 (Annex.2 to SBCWP No.10281/2018), instead of granting appointment to the petitioners as Patwari, they were granted appointment as Gram Sewak in the year 2000 on a fixed sum of Rs.1200/- per month on purely temporary basis. Thereafter, by order dated 27.03.2002 (Annex.4 to SBCWP No.10281/2018), it was ordered that all the candidates selected through Patwar Competitive Examination1999 and working as Gram Sewaks would be appointed as Patwaris and therefore, they may be called for training and appointed after such training. The petitioners, after undertaking the requisite training under the Rules of 1957, claim to have continued to work as Patwaris.
3. A writ petition i.e. Amrit Lal Gurjar & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.663/2008, came to be filed by the persons similarly situated to the petitioners claiming that they were entitled for the salary of the Gram Sewak prescribed in the Rajasthan Panchayati Raj Rules, 1996 ('the Rules of 1996') for the period they worked on the post of Gram Sewakcum-Secretary of the Panchayat Samiti and their services are also liable to be reckoned for all purposes from the date when they were initially appointed on the post of Gram Sewaks. In the alternative, it was prayed that they were entitled for the salary of Patwari as prescribed in the Rules of 1957 as they were selected through competitive examination. The writ petitions were decided by order dated 30.05.2013, whereby the writ petitions were dismissed.
4. Whereafter, it appears that the cabinet took a decision on 29.08.2013 qua the petitioners and ordered that reducing the Patwar training period from the service on the post of Gram Sewak, the rest of the service on the post of Gram Sewak be regularized and notional benefit be given.
5. Whereafter, as at the relevant time the seniority etc. of the Patwaris was being maintained district-wise, effect to such direction was given, whereby order dated 07.05.2014 (Annex.7 to SBCWP No.10915/2018) was issued indicating the dates of appointment in terms of the cabinet decision. Subsequent thereto, amended seniority list (Annex.8 to SBCWP No.10915/2018) was issued again giving effect to the decision.
6. An order dated 20.01.2015 (Annex.6 to SBCWP No.10915/2018) was passed by the Registrar, Board of Revenue inter-alia issuing guidelines for implementation of the cabinet decision.
7. Whereafter, a final seniority list dated 18.01.2016 was issued. Few of the petitioners were also accorded promotion by order dated 20.02.2016 on the post of Inspector (Land Records) based on the said seniority.
8. Subsequent thereto, by notification dated 12.10.2017 (Annex.10 to SBCWP No.10915/2018), the Rajasthan Land Revenue (Land Records) Second Amendment Rules, 2017 ('the Amendment Rules, 2017) were notified providing for amendment in Rule 301 of the Rules of 1957, whereby it was provided that for the purpose of selection of candidates by promotion to the post of Inspector (Land Records), list of Patwari of the Revenue and Land Record departments at State level shall be prepared.
9. To give effect to the said provision, seniority list in all districts were prepared indicating the date of joining as Patwari and qua the petitioners, the date of joining a
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