RAVI DUTT SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE above writ petitions are being decided by this common order as in both the writ petitions facts are similar in nature and the questions raised are also similar. Facts of Writ Petition No. 1164/92

(2.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 25. 2. 92 with a prayer that by an appropriate writ, order or direction the orders dtd. 5. 10. 91 (Annex. 6) and 7. 10. 91 (Annex. 5) whereby respondents No. 4 and 5 have been promoted be quashed petitioner for promotion to the post of Executive Officer, Municipal Board Gr. II in the post falling vacant after December, 1976 and for the post of Executive Officer, Gr. I, Municipal Board on the post falling vacant after December, 1981 and the State Government may be directed to allow the petitioner the emoluments of the post of Executive Officer Gr. II, Municipal Board with effect from 25. 4. 81 and any other appropriate writ, order or direction be issued the may be deemed expedient for the ends of justice.

(3.) THERE is no dispute on the point that through order Annex. 1 dtd. 9. 8. 71 the petitioner was appointed as Executive Officer Grade III on officiating basis and further that appointment was for a period of six months and till the persons duly recruited from Rajasthan Public Service Commission were made available. Sub-clause 2 of Rule 27 of the Rules of 1963 reads as under:- " No appointment made under sub-rule (1) shall be continued beyond a period of one year without referring it to the Commission for their concurrence and shall be terminated immediately on their refusal to concur. "