SBCWP No.4022/1997- Raj Kumar Gameti v. State of Raj. & ors Date of order:30.03.2009 1 S.B. C.W.P. No.4022/1997 Raj Kumar Gameti v. State of Rajasthan & others Date of order: 30th March, 2009 HON'BLE MR JUSTICE GOVIND MATHUR Mr A.K. Rajvanshy, for the petitioner Mr G.R. Kalla, Government counsel for the respondents By an order dated 08th July, 1985, appointment was given to the petitioner as Laboratory Assistant. The appointment aforesaid came to be confirmed by an order dated 22nd August, 1989, with effect from 09th July, 1987. The petitioner while holding the post of Laboratory Assistant also acquired qualification of Graduation in the year 1991 and also of Bachelor's degree in Education in the year 1993-94. The Government of Rajasthan abolished a good number of posts in the cadre of Laboratory Assistant in the year 1997 and as such, number of Laboratory Assistants became surplus. The petitioner too was declared surplus under an order dated 07th October, 1997 and by the same order, he was ordered to be accommodated/absorbed as Teacher Grade-III. By an order dated 18th October, 1997, the District Education Officer (Boys), Dungarpur; in view of Government of Rajasthan's letter dated 24th July, 1997, posted the petitioner again as Laboratory Assistant on the count that the junior-most person was required to be made surplus first. The petitioner, being quite senior, was SBCWP No.4022/1997- Raj Kumar Gameti v. State of Raj. & ors Date of order:30.03.2009 2 not within the number of staff to be declared surplus. Being aggrieved by the order dated 18th October, 1997, this petition for writ is preferred. Contention of learned counsel for the petitioner is that once the petitioner was declared surplus and he was absorbed as Teacher Grade-III, no action could have been taken by the respondents without adhering to principles of natural justice for re-appointment of the petitioner as Laboratory Assistant. It is further stated that the petitioner possesses the qualification requisite to hold the post of Teacher Grade-III and as per a certificate given by the Headmaster concerned, he was discharging the duties of Teacher Grade-III even while holding the post of Laboratory Assistant, therefore, he should have been allowed to continue as Teacher Grade-III. A reply to writ petition has been filed on behalf of respondents, stating therein that while declaring the Laboratory Assistants surplus, principle of “last come, first go” was required to be adhered and junior-most persons were required to be declared surplus first. The petitioner, not being junior, there was no need to declare him surplus and he was liable to continue as Laboratory Assistant only. It is also stated that the petitioner was appointed as Laboratory Assistant and he was working as Laboratory Assistant and therefore, merely on the basis of SBCWP No.4022/1997- Raj Kumar Gameti v. State of Raj. & ors Date of order:30.03.2009 3 saying by the Headmaster that services of the petitioner were utilized as Teacher, the petitioner can not be allowed to continue to hold the post of Teacher Grade-III. Heard learned counsel for the parties. It is not in dispute that the petitioner was appointed as Laboratory Assistant and on 07th October, 1997 he was holding the post of Laboratory Assistant. As per Rajasthan Civil Services (Absorption of Surplus Personnel) Rules, 1969, junior-most persons are required to be declared surplus first, while retaining senior persons in the original service. The petitioner, despite being senior, was erroneously declared surplus under the order dated 07th October, 1997 for absorption/accommodation as Teacher Grade-III. As a matter of fact, the declaration of the petitioner as surplus employee itself was wrong. The respondents by order dated 18th October, 1997 simply rectified an administrative error and as such, the petitioner is having no right to claim for continuation as Teacher Grade-III. I am in absolute agreement with the contention of the respondents that merely on basis of saying by the Headmaster that services of petitioner were utilized as Teacher, the petitioner can not be treated as member of the cadre of Teacher Grade-III. The petitioner was appointed as Laboratory Assistant and therefore, if he was not in excess of exact number of cadre SBCWP No.4022/1997- Raj Kumar Gameti v. State of Raj. & ors Date of order:30.03.2009 4 strength, he was required to be continued as Laboratory Assistant. In view of whatever said above, the petition for writ is having no merit and the same, therefore, is dismissed. [GOVIND MATHUR],J. mma