SBCWP No.1782/96 - Kanti Lal Ojha v. State & ors
Date of Order: 16.02.2009
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
J O D H P U R
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O R D E R
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Kanti Lal Ojha v. State of Rajasthan &
others
S.B. CIVIL WRIT PETITION NO.1782 OF 1996
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Date of Order: 16th February, 2009
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P R E S E N T
HON’BLE MR JUSTICE GOVIND MATHUR
Mr P.S. Chundawat, for the petitioner
None present for respondents
Though the petitioner has claimed for assigning
seniority to him in the cadre of Lower Division Clerks
with effect from 20th April, 1978, however, during
course of arguments he confined his claim for
reckoning his seniority with effect from 20th April,
1980, the day on which he was selected on regular
basis for appointment as Lower Division Clerk.
The factual matrix necessary for adjudication of
instant petition for writ is that the petitioner
SBCWP No.1782/96 – Kanti Lal Ojha v. State & ors
Date of Order: 16.02.2009
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entered in the service of the Agriculture Marketing
Committee, Krishi Upaj Mandi Samiti, Rani on 20th
April, 1978, on daily rate basis. The respondent Mandi
Samiti allowed regular pay scale to the petitioner
with effect from 02nd August, 1978, however, the same
was withdrawn subsequent to 31st March, 1979.
The respondent Rajasthan Agriculture Marketing
Board, Jaipur initiated process of selection for
appointment to the posts of Lower Division Clerks/
Auction Clerks/Auctioneers in different Marketing
Committees in the State of Rajasthan and the
petitioner, while working on daily rate basis with
Krishi Upaj Mandi Samiti, Rani; faced process of
selection, result of which was declared subsequently.
Under an order dated 24th October, 1980, the Director
(Agriculture Marketing), Rajasthan, Jaipur instructed
the Secretary, Krishi Upaj Mandi Samiti, Rani to issue
necessary order of appointment in favour of the
petitioner and two other persons, namely – Messers
Madan Singh Purohit and Prem Prakash Pareek. The
Director (Agriculture Marketing), in the order dated
24th October, 1980, in quite unambiguous terms stated
that selections of the petitioner and other two
persons referred in the order concerned was as per
provisions of clause (b) of sub-rule (6) of rule 64-I
of the Rajasthan Agriculture Produce Markets
(Marketing Committee Employees’ Service) Rules, 1975.
SBCWP No.1782/96 – Kanti Lal Ojha v. State & ors
Date of Order: 16.02.2009
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Though petitioner was continuing with the
respondents on daily rate basis, no order of
appointment in terms of order dated 24th of October,
1980 was issued for a pretty long time, that is up to
the month of November, 1981. The petitioner then
submitted a formal joining report on 01st December,
1981. A seniority list subsequent thereto was issued
on 19th June, 1984 by the Assistant Director,
Agriculture Marketing Department, Jodhpur; treating
the petitioner a regular employee with effect from 01st
December, 1981. Being aggrieved by the same, a
petition for writ was filed by the petitioner and that
came to be decided on 25th october, 1994 with a
direction to respondents to consider and decide
representation, if any submitted by the petitioner,
claiming seniority. The representation submitted by
the petitioner came to be disposed of by the Director
(Agriculture Marketing), Rajasthan on 15th May, 1995.
Being aggrieved by the same, this petition for writ is
preferred.
It is contended by learned counsel for the
petitioner that the petitioner, as a matter of fact,
is in continuous employment of the respondents since
20th April, 1978 and while in service, he was regularly
appointed with effect from 24th October, 1980 and
therefore, there is no valid reason for assigning
seniority to him in the cadre of Lower Division Clerks
with effect from 01st December, 1981.
SBCWP No.1782/96 – Kanti Lal Ojha v. State & ors
Date of Order: 16.02.2009
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In reply to the writ petition, stand taken by the
respondents is that though selection of the petitioner
was made for appointment as Lower Division Clerk on
24th October, 1980 but the order of appointment was
made on 01st December, 1981 and as such, his seniority
has been rightly reckoned under the seniority list
dated 19th June, 1984.
Heard learned counsel for the petitioner.
From perusal of the averments contended in the
writ petition and also reply to the writ petition, it
is apparent that the petitioner is continuously
working with the respondents as Lower Division Clerk
since 20th April, 1978. Regular pay scale, at the first
instance, was awarded to him with effect from 02nd
August, 1978 but that was withdrawn with effect from
31st March, 1979. Be that as it may, while working as
Lower Division Clerk on daily rate basis, petitioner
faced a process of selection and stood selected for
appointment as Lower Division Clerk on 24th October,
1980. True it is, that the order of appointment
consequent to selection made on 24th October, 1980 was
issued in the month of November, 1981 and petitioner
formally joined as Lower Division Clerk on 01st
December, 1981; but fresh joining of petitioner was
nothing but a formality as he was already continuing
in the service of respondents. Once the petitioner was
SBCWP No.1782/96 – Kanti Lal Ojha v. State & ors
Date of Order: 16.02.2009
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selected as Lower Division Clerk under order dated 24th
October, 1980, there was no reason for detaining the
order of appointment for a period of more than one
year. As a matter of fact, on the date of selection,
petitioner was already working with the respondents as
Lower Division Clerk and therefore, his joining on the
post concerned should have been treated on regular
basis on that day itself i.e. 24th October, 1980.
Issuance of order of appointment after selection of
petitioner was only a ministerial act and for any
delay in completing ministerial act, the petitioner
could have not been deprived of seniority for the
period he was working with respondents in regular
capacity.
In view of whatever stated above, petitioner is
certainly entitled to get his seniority reckoned with
effect from 24th October, 1980, the day on which he was
selected as Lower Division Clerk while working on the
same post.
Accordingly, the petition for writ is allowed. The
order dated 15th May, 1995 denying seniority to the
petitioner with effect from 24th October, 1980 is
declared illegal. Seniority list dated 19th June, 1984
is also declared illegal to the extent it reckons
seniority of the petitioner with effect from 01st
December, 1981. Respondents are directed to reckon
seniority of the petitioner as Lower Division Clerk
SBCWP No.1782/96 – Kanti Lal Ojha v. State & ors
Date of Order: 16.02.2009
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with effect from 24th October, 1980 and he be placed in
the seniority list concerned accordingly.
No order as to costs.
[GOVIND MATHUR],J.
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