Prakash Tatia, J.@mdashHeard learned Counsel for the parties.
2. The petitioner is aggrieved against the order of the Rajasthan Civil Services Appellate Tribunal, Jaipur dated 10.11.2008, by which the Tribunal held that since salary of the Jamadar is higher than the salary of Class IV Employees and, therefore, the petitioner''s name cannot be included in the seniority list prepared for Class IV Employees. It will be relevant to mention here that there is provisions under the Rules for giving promotion to the post of L.D.C. to the extent of 15% from the employees who are in Class IV category and since the petitioner has not been treated to be Class IV employee, therefore, he preferred appeal which was dismissed by the Tribunal vide impugned order.
3. The learned Counsel for the petitioner submitted that post of Jamadar has been specifically included in Class IV employees and this fact is not disputed but in fact the Tribunal under the impression that there is a difference in the pay scale of Jamadar than the other employees of Class IV Employees, therefore, the petitioner''s name cannot be included in the seniority list of Class IV employees.
4. The respondents submitted reply to the writ petition and admitted that there is 15% quota available to the Class IV employees for getting promotion on the post of LDC. It is also admitted that the petitioner was absorbed in the department on the post of Jamadar. However, as per the respondents, as per Rule 7(3) of the Rajasthan Subordinate Ministerial Staff Rules, 1957, he is not eligible for promotion under 15% quota, obviously reserved for members of Class IV employees.
5. The controversy is only to the limited extent that whether Jamadar is Class IV employee or not. If the petitioner being holding post of Jamadar, if is a Class IV employee, then he is entitled to proper seniority in the seniority list prepared for Class IV employees and rest of the protjess will follow automatically. The post of Jamadar is in the Class IV employees and this fact has not been specifically denied nor has been shown by the respondents with the help of rule that the post of Jamadar is not the Class IV employee post then the Tribunal has committed error of law by holding that since the petitioner has been absorbed on the post of Jamadar from the post of mali in the forest department and since the petitioner is getting the pay scale of 2610-3540/-, therefore, his name cannot be included in the seniority list of Class IV employees.
6. Consequently, the writ petition of the petitioner is allowed. The order of the Tribunal dated 10.11.2008 is set aside and it is held that the petitioner being Jamadar, is Class IV employeer and, therefore, he is entitled to have his name included at the proper place in the seniority list prepared for the Class IV employees. The effect of this order be given by the respondents within a period of two months from today.
