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S.B. CIVIL WRIT PETITION NO.11739/2009
Narendra Kumar Joshi
Vs.
State of Rajasthan and Ors.
DATE OF ORDER : 17.12.2009.
HON'BLE MR. GOVIND MATHUR, J.
Mr. M.S. Purohit, for the petitioner.
By this petition for writ a direction is sought by the
petitioner for the respondents to grant relaxation as per
provisions of Rule 13(2) of the Rajasthan Municipalities
(Subordinate and Ministerial Services) Rules, 1963 (for short ‘the
Rules of 1963’ hereinafter) nd further to appoint him as Assistant
Sanitary Inspector w.e.f. 4.1.1973.
The factual matrix of the case is that the petitioner
entered in service of the Municipal Council, Bikaner on
12.11.1970 as Jamadar and then he was appointed as Assistant
Sanitary Inspector vide order dated 4.1.1973 (Annex.-1). As per
Rules of 1963, appointment to the post of Assistant Sanitary
Inspector is required to be made by way of direct recruitment
and promotion with a ratio of 1:1. From recital of the order
Annexure-1, it is apparent that appointment of the petitioner
was only on urgent temporary basis and not on regular basis.
The claim made by the petitioner for appointing him as Assistant
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Sanitary Inspector w.e.f. 4.1.1973 by granting relaxation shall
be nothing but violation of provisions of the Rules of 1963. If the
petitioner is continuing as Assistant Sanitary Inspector in
pursuant to the order dated 4.1.1973, then that too is bad in the
eye of law as the appointment so made was only for a year and
so far as regular appointment is concerned that could have been
made only as per rules.
In view of whatever said above, I do not find any merit
in this petition. Accordingly, the same is dismissed.
(GOVIND MATHUR)J.
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