Honble GARG, J.–This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 31.1.1992 against the respondents with the prayer that by an appropriate writ, order or direction, the respondents be directed to assign seniority to the petitioner for the date when he was initially appointed i.e. 6.11.1973 and the seniority list dated 29.10.1991 (Annex.5) be declared illegal and be quashed and the respondents be further directed to give selection grade to the petitioner on and from the date when he has completed 15 years of service and also the arrears which had so accrued to the petitioner.

(2). It arises in the following circumstances:

The petitioner, after having passed matric with Drawing got himself registered with the Employment Exchange, Jodhpur on 21.7.72 and his registration number is C/2533/72. It was submitted by the petitioner that on a requisition having been sent to the Employment Exchange, his name was forwarded to the respondents for selection on the post of Field Assistant-cum- Tracer, pursuant whereto the petitioner was interviewed by the Appointing Authority on 28.5.73 alongwith all such persons, who were eligible to be appointed on the post at that time. Pursuant to said interview, the petitioner was appointed on the post of Field Assistant-cum-Tracer vide order dated 6.11.73 (Annex.1) and in that order annex.1 it was mentioned that the appointment was on officiating basis for a period of six months or till selected hands were made available, whichever was earlier. It was further submitted by the petitioner that though appointment was described to be on officiating basis, but the fact is that the same was given after following the Rules and considering candidature of all persons eligible at that time. Pursuant to said interview, the petitioner was appointed on the post of Field Assistant-cum-Tracer vide order dated 6.11.73 (Annex.1) and in that order Annex.1 it was mentioned that the appointment was on officiating basis for a period of six months or till selected hands were made available, whichever was earlier. It was further submitted by the petitioner that though appointment was described to be on officiating basis, but the fact is that the same was given after following the Rules and considering candidature of all persons eligible at that time. The petitioner resumed duty on 19.11.73 and continued on the post of Field Assistant-cum- Tracer uninterruptedly. It was further submitted by the petitioner that thereafter on a advertisement having been issued bearing No.1/78 calling applications for appointment on the posts of Field Assistant-cum-Tracer, the petitioner applied for the said post and was selected and he has been shown to be substantively appointed with effect from 5.2.1980. It was further submitted by the petitioner that persons, namely, Pukhraj and Amar Singh, who were appointed after the petitioner have been absorbed substantively from an earlier date.

It was further submitted by the petitioner that he received a seniority list including the names of Tracers substantively appointed upto 31.3.1979 in the year 1988 alongwith office order No.P/16/15/seniority/C.E.Irring/3466-79 dated 7.4.1988. Since the names of persons, who were appointed after petitioner was initially appointed, were included in the said seniority list while petitioners name was not included in it, therefore, he made a representation to the Chief Engineer, Irrigation Department, Jaipur on 25.4.1988, a copy of which is marked as Annex.2. The said representation of the petitioner was rejected by the Chief Engineer, Irrigation Department, Jaipur vide order dated 30.6.1988 (Annex.3) stating that the said seniority list includes the names of such persons only who were substantively appointed till 1977 and since the petitioner was substantively appointed in 1980, therefore, his name has not been included in it.

It was further submitted by the petitioner that thereafter, another seniority list dated 17.7.

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