1 SURESH KUMAR VS. STATE OF RAJASTHAN (S.B.C.WRIT PETITION NO.1507/95) Dated:- 9.4.2008 HON'BLE MR.JUSTICE SANGEET LODHA Mr.Sunil Bhandari, for the petitioner. Mr.A.S.Rathore, Dy.Government Counsel. 1. In this writ petition,the petitioner holding the post of Lower Division Clerk in the Department of Irrigation, Government of Rajasthan, has assailed validity of seniority list dated 1.5.95 of Lower Division Clerk working in Irrigation Division(North), Hanumangarh, issued by the Chief Engineer, Irrigation(North), Hanumangarh, whereby the petitioner has been assigned seniority at serial no. 82. 2. Briefly stated the relevant facts are that the petitioner entered the services of the respondent Department as L.D.C. on being appointed on temporary basis in the Bikaner circle on 22.7.77. In the final seniority list of the L.D.C. working in Bikaner Irrigation Circle, Sri Ganganagar, the petitioner was assigned seniority at serial no.49. The validity of said seniority list was assailed by the petitioner by way of an appeal before the the Rajasthan Civil Services Appellate Tribunal,Jaipur,(in short “the Tribunal” hereinafter). The learned Tribunal arrived at the finding that the provisions of proviso xi-a of Rule 27 of Rajasthan Subordinate Offices Ministerial Staff Rules, 1957( in 2 short “the Rules of 1957” hereinafter) cannot be invoked while determining seniority of L.D.Cs. who have been transferred from one Irrigation Circle to another Irrigation Circle of the Department of Irrigation. The learned Tribunal opined that proviso xi-a of Rule 27 is applicable only when a government employee is transferred from one department to another department on his own request. The learned Tribunal held that by virtue of provisions of Rule 27 CC of the Rules of 1957, which provides that in case the power of appointing authorities have been delegated by the Head of the Department concerned with the approval of the State Government to the District, Divisional, Zonal, Regional, Range Level Authorities for appointment and/or promotion to the categories of posts of Ministerial cadre of a Department, the seniority of a person appointed by such authority shall be determined on the basis of District/Divisional/Zonal/Regional Range basis. The learned Tribunal observed that the proviso appended to Rule 27 of the Rules of 1957 provide that in case such persons are transferred by Head of the Department concerned from one District, Division ,Zone, Region , Range to another District, Division ,Zone, Regional Range on the same post in accordance with the provisions contained in proviso I and sub-rule (1) of Rule 7 or on higher post in accordance with provisions contained in sub-rule (2) of Rule 27, as the case may be, the official so transferred 3 shall continue to retain his lien seniority and right of promotion in his parent unit. Accordingly, the learned Tribunal held that the appellant , the petitioner herein, is entitled for his placement in the seniority list in Bikaner Irrigation Division, where he was initially appointed. 3. The grievance of the petitioner is that vide impugned seniority list, he has been assigned seniority ignoring the aforesaid order passed by the learned Tribunal. 4. It is relevant to mention here that the validity of aforesaid order dated 18.8.92 passed by the learned Tribunal was assailed by the respondents by way of writ petition no. 859/93, which stands dismissed by this Court vide order dated 8.9.05. In the said decision, this Court has categorically held that transfer from one Irrigation Circle to another Irrigation Circle cannot be treated to be transferred from one department to another department, as such, proviso xi-a of Rule 27 of the Rules of 1957 cannot be applied while determining seniority of L.D.Cs. who have been transferred from one Irrigation Circle to another Irrigation Circle of the Irrigation Department. Admittedly, the aforesaid order passed by the learned Tribunal has attained finality. 5. In this view of the matter, the respondents are under an obligation to determine the seniority of the petitioner in terms of the aforesaid order dated 18.8.92 passed by the learned 4 Tribunal, which is in conformity with the provisions of Rule 27 CC of the Rules of 1957. 6. In the result, the writ petition succeeds, it is hereby allowed. The respondents are directed to assign proper seniority to the petitioner in conformity with order dated 18.8.92 passed by the learned Tribunal. The entire exercise for assigning proper seniority to the petitioner as aforesaid, shall be completed within a period of two months from the date of this order. The petitioner shall be entitled for all consequential benefits flowing from change of his seniority position in compliance of directions issued as aforesaid. No order as to costs. (SANGEET LODHA),J.