K.C. DHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition was filed by petitioner K.C. Dhand way back in the year 1996 in a situation where he had been left with no promotional avenues and would be retiring from the same post on which he was initially appointed. In that background, he prayed that a writ of mandamus be issued commanding respondents to include the post of Deputy Architect held by him in the Rajasthan Town Planning Service under the Rajasthan Town Planning Service Rules, 1966 (hereinafter shall be referred to as 'the Rules of 1966') and be treated at par with the post of Deputy Town Planner in all respect with effect from the date of creation of this post with all the requisite promotional avenues and consequential benefits and further amendment be made by making holder this post eligible for further promotion to the post of Senior Town Planner as was done in the case of Deputy Town Planner (Civil Survey)/ (Planning & Research) by Notification of the Government dated 30.10.1984.

(2.) Petitioner was initially appointed on ad hoc basis in the Town Planning Department of the State by order dated 06.07.1976 in the pay scale of Rs. 700-1100 which incidentally was also the pay scale of Deputy Town Planner. Petitioner possessed the Degree of Architecture at the time of his appointment. Subsequently, Rajasthan Public Service Commission advertised certain post of Architect in the year 1978. Petitioner applied and was selected. He was eventually appointed by order of the Government dated 19.08.1978. In that order, it was mentioned that appointment of petitioner as Deputy Architect in Town Planning Department of the Government of Rajasthan was being made in the pay scale of Rs. 1150-1650 on probation for a period of two years. The period of his officiating temporary appointment however shall be counted towards probation period. The order further stated that appointment to the said post has been made in accordance with the provisions and requirement of Town Planning Service Rules, 1966 and would be subject to terms and conditions laid down in the said Rules. Petitioner was confirmed in that post with effect from 19.08.1978 by order dated 03.12.1980. Petitioner has placed on record copy of communication dated 05.04.1977 sent by the Deputy Secretary to the Government in its Department of Urban Development & Housing to Chief Town Planner, Rajasthan, Jaipur conveying the sanctioned strength of Rajasthan Town Planning Service under the Rules of 1966 as per Rule 4 thereof. Therein are included one post each of Deputy Town Planner (Civil Survey) and Deputy Architect. Till then those posts were yet not included in the Schedule appended to the Rules of 1966 and were therefore treated excard post, ever since his appointment in 1978 on substantive basis. Petitioner continued to work on the post of Deputy Architect and in that capacity he was invariably also posted against the post of Deputy Town Planner. Conversely, the persons appointed substantively as Deputy Town Planner were also posted against the post of Deputy Architect. Faced with such a scenario, the petitioner apprehended that he might not be able to secure even a single promotion in his entire service career which is what has actually happened to him because he has retired during pendency of this writ petition.

(3.) I have heard Shri Ajeet Kumar Sharma, learned counsel for petitioner and Shri S.N. Kumawat, learned counsel appearing on behalf of respondents.