K S CHAUHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MAIN grievance projected by the petitioner in the instant writ petition is that after he was substantively appointed through open selection as Registrar Engineering College Kota, the respondents at a later point of time unilaterally converted his appointment into a term appointment and issued order dated June 19, 1999. The petitioner seeks to quash the said order and prays that he may be allowed to continue on the post of Registrar till he attains the age of superannuation with all consequential benefits.

(2.) THE petitioner averred in the writ petition that he was initially working in the Instrumentation Limited, Kota from 1975 to April, 1994 as Manager (Technical) and was thereafter appointed as Reader (Electronic, Instrumentation and Control. Engineering) vide order dated 1. 8. 1994. While the petitioner was holding the post of Reader in Engineering College Kota the respondents advertised the post of Registrar in pay scale of Rs. 1130-350-16200. THE said advertisement was published in the daily Newspaper "rajasthan Patrika" on April 29, 1998. In pursuance to the said advertisement the petitioner submitted application for consideration of his candidature to the post of Registrar. THE respondent after examining the eligibility and qualifications of the petitioner called him for interview vide letter dated June 4, 1998. After the petitioner's suitability being adjudged by the respondents he was found suitable and on the recommendations made by the selection committee duly approved by the Chairman of the Engineering College, the petitioner came to be appointed as Registrar, Engineering College Kota vide order dated June 24, 1998. Pursuant to it the petitioner joined as Registrar on June 24, 1998 and after his joining as Registrar his temporary appointment was terminated from the post of Reader vide order dated June 26, 1998. At the time of his appointment the pay of the petitioner was fixed provisionally in the pay scale of Rs. 11300-16000 which was prescribed for the post of Registrar and after the recommendations of the 5th Pay Commission his pay on the post of Reader in Engineering College Kota which he was holding on June 24, 1998 was protected.

(3.) I have heard Mr. Ajay Rastogi, learned counsel appearing for the petitioner and Mr. R. N. Mathur, learned Additional Advocate General appearing for the respondents and carefully perused the material on record.