The main legal point established is that the petitioners were entitled to the benefit of seniority and promotion based on their merit and the previous court directions, and denying them promotion would negate the relief granted by the court.

ORDER :

1. This writ petition has been filed by the petitioners seeking a direction to the respondents to include and consider their names for promotion in the DPC for the post of Senior Patwari for the year 2021-22 and include the names of the petitioners being senior and meritorious for promotion on the post of Senior Patwari with all consequential benefits.

2. It is, inter-alia, indicated in the petition that the recruitment to the post of Patwari was conducted by the Rajasthan Staff Selection Board wherein, the petitioners were wrongly deprived of selection and as such, the petitioners approached this Court by filing writ petitions. The writ petitions came to be allowed on 10.04.2018 (Annex.1) wherein, the petitions were allowed and the respondents were directed to accord appointment to the petitioners on the post of Patwari after considering all other conditions, eligibility and merit. Further directions for grant of all the benefits at par with other similarly situated candidates were given. Whereafter, in compliance of the judgment (Annex.1) the Selection Board issued final select list for TSP area on 06.07.2018, the petitioners were declared successful to be appointed as Patwari in TSP area assigning merit. The petitioners were accorded appointment by the concerned Collector (Land Record) by order dated 01.08.2018 and in the appointment orders the petitioners were assigned their merit. It is submitted that the petitioners were more meritorious than the candidates, who were originally appointed pursuant to the recruitment notification and were wrongly denied appointment, which came to be granted after the judgment of this Court. The petitioners joined the duties and their services were later on confirmed.

3. The respondents thereafter issued a final seniority list as on 01.04.2022 and the petitioners were assigned their seniority as per their merit position as awarded by the Staff Selection Board. It is thereafter indicated that vide notification (Annex.8) dated 21.10.2021 the schedule appended to the Rajasthan Revenue (Land Records, Settlement and Colonization) Subordinate Service Rules, 2019 (‘Rules’) came to be amended, whereby Schedule-I appended to the Rules was substituted wherein, the post of Senior Patwari was created, which was to be filled in 100% by promotion from the Patwari requiring five years’ experience on the post of Patwari.

4. After issuance of the notification, the vacancies of Senior Patwari were determined as on 01.04.2022 and in all 5000 posts were determined to be filled up as Senior Patwari in the State, out of which 516 posts were sanctioned to be filled up from the Patwari working in TSP area.

5. However, looking to the fact that requisite candidates having experience of five years on the post of Patwari were not available, the Registrar, Revenue Board sought relaxation of one year in the experience. It is then indicated in the petition that though the petitioners have the eligibility in terms of the criteria provided, equivalent to those, who were appointed pursuant to Recruitment 2015, their names have not been recommended for promotion. Annex.10 has been filed to indicate that in District Pratapgarh, though names of those who were appointed earlier pursuant to Recruitment-2015 have been recommended, though the petitioners are higher in the merit, their names have not been recommended. By way of example, it is submitted that while the candidate, who stood in the merit at Serial No.5260 has been recommended for promotion, whereas petitioner, namely, Deelip Patel, who stands at Merit No.7, has not been recommended.

6. The petitioners approached the respondents by way of representation inter-alia indicating that they were more meritorious and senior than the candidates, who are to be considered by the DPC for promotion on the post of Senior Patwari and therefore, they may also be considered as th