1 S.B.CIVIL WRIT PETITION NO. 2707/1998 Ram Niwas Vs. State of Raj. & Ors. Date of Order :: 27.03.2009 HON'BLE MR. JUSTICE GOVIND MATHUR Mr P.S. Chundawat, for the petitioner. Mr I.S. Pareek, Addl. Govt. Advocate. ... This petition for writ is pursued by legal representatives of the original petitioner Sh. Ram Niwas Mundel who died on 19.9.2003 during pendency of this petition for writ. In brief facts of the case are that the original petitioner (hereinafter referred to as the, 'petitioner') in the year 1987 appeared in Combined Competitive Examination for State and Subordinate Services conducted as per the provisions of Rajasthan State & Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1962. His examination aforesaid was cancelled by alleging that his appearance in the examination concerned was not permissible as he already availed two chances earlier in the year 1978 and in the year 1981-82. The decision aforesaid of the Commission was challenged by way of filing a petition for writ (SBCivil Writ Petition No.2597/89) before this Court and that came to be accepted on 10.12.1990. While accepting the writ petition this Court quashed the order dated 24.5.1989 whereby examination of the petitioner was cancelled. The State Government by way of filing a special appeal 2 before the Division Bench of this Court assailed validity of the judgment dated 10.12.1990, however, that too came to be dismissed on 21.3.1994 with a direction to declare the petitioner's result and to give him appointment as desired on standing in select list as per merit so prepared. An appointment was given to the petitioner by the respondents under an order dated 19.5.1994 on declaration of the decision of Rajasthan Public Service Commission regarding cancellation of petitioner's examination illegal. In pursuant to the order of appointment dated 19.5.1994, petitioner joined duties as Assistant Registrar, Cooperative Societies on 13.6.1994, however, by an order dated 21.10.1995 effect to the appointment was given from 27.2.1989. Accordingly necessary modification were ordered to be made in service record and seniority list too. Under the Rajasthan Cooperative Service Rules, 1954 an Assistant Registrar, with five years service, is having an avenue for promotion to the post of Deputy Registrar, Cooperative Societies. The candidature of the petitioner was not considered for promotion as Deputy Registrar, Cooperative Societies in view of the fact that he did not complete five years service as on 1.4.1997, the relevant date to determine service term while considering candidature of an incumbent for promotion against the vacancies of the year 1997-98. Being aggrieved by the same this petition for writ is preferred. 3 As per petitioner he is required to be teated as member of Rajasthan Cooperative Service from the date assigned for determination of his service under the order dated 6.1.1996. According to the petitioner he is a member of Rajasthan Cooperative Service since 27.2.1989 though actual appointment was accorded to him in the year 1994. On basis of the factual foundation as above it is urged that the petitioner completed five years of service much back in the year 1994, therefore, there was no impediment in considering his candidature for promotion to the post of Deputy Registrar, Cooperative Societies against the vacancies of the year 1997-98. Beside the above, it is also asserted by learned counsel for the petitioner that fixation of the petitioner's pay and all other benefits should also have been allowed to him from 27.2.1989. As a promotion was already given to the petitioner as Deputy Registrar against the vacancies of the year 1997-98 with all ancillary benefits his claim regarding promotion has already been satisfied. No order, therefore, is required to be passed in this regard. The another issue that survives is regarding fixation of the petitioner's pay and all other service benefits w.e.f. 27.2.1989. The respondents erroneously at the first instance declined appointment to 4 the petitioner as Assistant Registrar, Cooperative Societies and the error aforesaid was rectified in pursuant to the directions given by this Court. True it is, that actual appointment was given to the petitioner under an order dated 21.5.1994 and petitioner joined the services on 13.6.1994 as an Assistant Registrar, however, by an order dated 21.10.1995 the petitioner was treated as a member of Rajasthan Cooperative Service w.e.f. 27.2.1989. His seniority too was reckoned accordingly by placing him at S.No. 4A in between the names of Sh. Yogesh Kumar Pathak and Sh. Surendra Nath Sharma in the seniority list of Assistant Registrar, Cooperative Societies. The date of appointment of the petitioner, therefore, for all purposes is 27.2.1989. There is no justifiable reason for not extending notional benefits to the petitioner regarding fixation of his pay and grant of all other incidental benefits notionally from the date of his appointment i.e. 27.2.1989. The petitioner being employed with the respondents as Assistant Registrar, Cooperative Societies w.e.f. 27.2.1989 is entitled for all service benefits by treating the date aforesaid as date of his initial appointment. In view of whatever said above this petition for writ is disposed of by directing the respondents to make fixation of pay of the petitioner late Sh. Ram Niwas Mundel in the pay scale applicable to the post of Assistant Registrar, Cooperative Societies w.e.f. 27.2.1989. All notional benefits including release of annual increments and revision of pay 5 scales be made accordingly. The legal heirs of the petitioner late Sh. Ram Niwas shall also be entitled for revision of family pension accordingly. The arrears accruing as a consequent to such notional fixation shall also be given to them within a period of six months from the day the present petitioner/s serve a copy of this order upon Secretary to the Government of Rajasthan, Department of Cooperatives. No order as to cost. (GOVIND MATHUR), J. Jgoyal '