Lengthy service by an employee on ad-hoc basis, when performed against a sanctioned post, must be counted towards seniority and benefits, ensuring equitable treatment in state employment.

ORDER :

Ganesh Ram Meena, J.

1. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India with the following prayers:-

“(i) To issue directions to the respondents for counting the length of service rendered by the petitioner from 18.10.1986 till 02.11.1992 to be continuous and regular for the purpose of giving the benefit of seniority, promotion and selection scale and to determine the seniority of the petitioner on the basis of his appointment in the year 1986 and accordingly the respondents be directed to issue appropriate orders so that the petitioner be given due benefit of promotion on the post of L.D.C. from an earlier date; while for rectifying the seniority list dated 20/06/2003.

(ii) to issue writ, order or direction giving a declaration against the respondents to treat date 18.10.1986 as the date of initial appointment so as to make the petitioner eligible and entitled for all consequential benefits in the cadre;

(iii) any other relief which this Hon'ble Court and deems just and proper in the facts circumstances of the case may also be passed in favour of the petitioner.”

2. The facts borne out from the pleadings are that vide order dated 18.10.1986 (Annexure-6) issued under the signatures of the Regional Transport Officer, Jaipur-II, Jaipur, the petitioner was appointed as a Class-IV employee on daily wages basis. Thereafter, the petitioner was transferred from one place to other. The said order has been passed pursuant to the order dated 16.10.1986. Vide order dated 18.10.1986, the petitioner was posted at Baretha Check Post, Dholpur. Pursuant to the order dated 18.10.1986, which was passed in terms of the order dated 16.10.1986, the petitioner joined his duties before the respondent-authorities on the said post. Vide order dated 22.04.1987 issued under the signatures of Regional Transport Officer, Jaipur-II, Jaipur, the petitioner was transferred from Baretha Check Post, Dholpur, to the office of Transport Officer Hindaun on temporary basis. Further, vide order dated 10.07.1987 the petitioner was transferred back to Baretha Check Post, Dholpur. By another order dated 18.07.1991 the Additional Transport Commissioner (Administration) Rajasthan, Jaipur, the petitioner was transferred in the Principal Office at Jaipur. The petitioner continuously worked on a substantive post which is clear from the order dated 16.01.1987 (Annexure-5).

Afterwards the petitioner received a letter issued under the signatures of Dy. Transport Commissioner (Admn.) by which the petitioner was directed to appear for the interview scheduled to be held on 20.10.1992 at 10.00 A.M. in the Office of Transport Commissioner, Jaleb Chowk, Jaipur (Raj.). Vide order dated 02.11.1992 (Annexure-7) the petitioner was confirmed on the said post. When the petitioner was not given seniority, he submitted a notice for demand of justice to the Commissioner, Transport Government of Rajasthan, Regional Transport Officer, Jaipur and District Transport Officer Karauli. The petitioner in the notice for demand of justice prayed to rectify the mistake. On 20.06.2003 a seniority list was issued in which the name of the present petitioner appears at serial No. 124 in which the date of joining of the petitioner has been shown as 02.11.1992. Aggrieved by the inaction of the resp