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MANOHAR LAL v STATE - CW Case No. 2965 of 1999  RD-RJ 1420 (8 September 2005)
SBCivil Writ Petition No.2965/1999
( Manohar Lal v. State of Rajasthan & Ors.) 8th September, 2005
Date of Order ::
HON'BLE MR.JUSTICE GOVIND MATHUR
Mr. S.L.Jain, for the petitioner.
Mr. B.L.Tiwari, Dy.Govt.Advocate.
By this petition for writ a challenge is given by the petitioner to the judgment dated 16.3.1999 passed by learned Rajasthan Civil Services
Appellate Tribunal, Jaipur in appeal No.277/95. By the judgment impugned learned Tribunal rejected the appeal preferred by the petitioner giving challenge to the seniority list wherein his seniority is underled by treating his transfer under order dated 17.9.1980 from
Bhakra Irrigation Circle, Hanumangarh to Bikaner
Irrigation Circle, Ganganagar as a transfer from one department to another department.
The controversy involved in present writ petition stands settled by this Court in the case of
State of Rajasthan & Ors. v. Suresh Kumar Chhabra,
SBCivil Writ Petition No.859/1993, decided today itself, wherein this Court has taken a view that transfer from one irrigation circle to another irrigation circle is not a transfer from one department to another department, as such the provisions of proviso xi-a to Rule 27 of the Rajasthan
Subordinate Offices Ministerial Staff Rules, 1957 cannot be applied while determining seniority of LDCs who have been transferred from one irrigation circle to another irrigation circle of the irrigation department. In view of it learned Tribunal erred while rejecting the appeal preferred by the petitioner and by permitting the respondents to determine the seniority by treating petitioner's transfer from
Bhakra Irrigation Circle, to Bikaner Irrigation
Circle, Ganganagar as a transfer from one department to another department.
Accordingly, this writ petition succeeds and the same is allowed. The judgment impugned dated 16.3.1999 is quashed. The seniority list impugned is also declared illegal to the extent it reckons seniority of the petitioner from the date he was transferred from Bhakra Irrigation Circle to Bikaner
Irrigation Circle, Ganganagar. The respondents are directed to reckon seniority of the petitioner from the date of his initial appointment in irrigation department.
No order as to costs.
( GOVIND MATHUR ),J. kkm/ps.
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