SANWAR MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 23. 9. 91 with a prayer that by an appropriate writ, order or direction, the order of termination dtd. 17. 8. 91 (Annex. 26) passed by respondent No. 1 be declared illegal and be quashed and the respondents may be directed to reinstate the petitioner in service with all consequential benefits and the respondents may further be directed to pay salary to the petitioner in the regular scale of pay from the date of initial appointment or at any rate from the date it was sanctioned i. e. 1. 10. 85 and arrears may be directed to be paid along with interest @ 18% per annum etc. etc.

(2.) IT arises in the following circumstances:- (i) That the petitioner passed his Diploma in Electrical Engineering from the Government Polytechnic College, Bikaner in the year 1975. (ii) That the petitioner moved an application on 23. 3. 82 (annex. 2) to the Chairman, Municipal Board, Sadulpur for providing him employment on the post of Light Inspector. (iii) That the petitioner moved another application on 2. 6. 82 for appointment on the post of overseer. (iv) That the petitioner was appointed vide order dtd. 2/3. 6. 82 (Annex. 3) on the post of Engineering Subordinate for a period of 30 day on daily wages basis by the Chairman, Municipal board, Rajgarh. In pursuance of order dtd. 2/3. 6. 82 (Annex. 3), the petitioner joined his duties on 3. 6. 82. (v) That the further case of the petitioner is that although he was appointed on the post of Engineering sub- ordinate, but he was made to discharge the duties of Junior engineer. it is further alleged by the petitioner that the payment for the holidays of the office used to be deducted from the payment made to him. (vi) That although no order extending the services of the petitioner was passed formally, but the petitioner was allowed to continue in the service after expiry of period of one month. (vii) That a meeting of the Municipal Board, Rajgarh was held on 22. 11. 1983 in which its members resolved that the petitioner should be allowed to continue as junior Engineer, but 11 members of the Municipal Board, Rajgarh opposed it. A copy of Resolution dtd. 22. 11. 83 is marked as Annex. 5. (viii) That a letter dtd. 27/29. 11. 83 (Annex. 6) was written by the Chairman, Municipal board, Rajgarh to the Director, Local Self Department, Jaipur for staying the resolution of the Municipal Board, Rajgarh dtd. 22. 11. 83 (Annex. 5) and for employing the petitioner in regular scale of pay. (ix) That the Dy. Director, Local Self Department, Jaipur wrote a letter dtd. 13. 1. 84 (Annex. 7) to the Chairman, Municipal Board Rajgarh stating that the Municipal Board, Rajgarh was competent to appoint a person on the post of Engineering Subordinate, but so far as the post of junior Engineer is concerned, it was found that the Municipal Board, Rajgarh was not competent to make appointment on that post. (x) That thereafter the Municipal Board, Rajgarh in its meeting dtd. 23. 2. 84 resolved that the action should be taken in accordance with the latter dtd. 9. 2. 84 and the Government should take decision on the matter. A copy of resolution dtd. 23. 2. 84 is marked as Annex. 8. (xi) That the State Government vide its communication dtd. 22. 6. 84 (annex. 9) granted permission for continuance of the petitioner's appointment on the post of Engineering Subordinate on daily wages basis but declined for regular appointment on the post of Engineering Subordinate. This was followed by communication dtd. 15. 9. 84. (xii) That the Chairman, Municipal Board, Rajgarh again recommended the case of the petitioner to the Dy. director, Local self Department, Jaipur for regularisation on the post of Engineering Subordinate vide letter dtd. 11. 10. 84 (Annex. 10 ). (xiii) That the State Government vide its communication dated 2. 1. 85 (annex. 11) granted permission for appointment of the petitioner on daily wages basis only till 31. 3. 85. However, the petitioner was allowed to continue beyond 31. 3. 85. (xiv) That the petitioner submitted an application on 1. 11. 85 (Annex. 12) for grant of regular pay scale of the post of Engineering Subordinate. (xv) That the Municipal Board in its meeting dtd. 21. 9. 85 again resolved for confirmation of the petitioner on the post of Engineering Subordinate and further resolved that the approval of the State Government be taken as was necessary under the Rules. A copy of the resolution dtd. 21. 9. 85 is marked as Annex. 13. (xvi) That a communication dated 29. 9. 88 (Annex. 17) was issued by the office of Director, Local bodies, Jaipur that the petitioner did not fulfill the eligibility for appointment on the post of Junior Engineer/engineering Subordinate (Civil) and therefore, if he was ready to serve as Light Inspector, then his willingness might be communicated within a week. (xvii) That after a period of two years, another letter was written on 18. 12. 90 (Annex. 18) by the Local self Department for giving consent of the petitioner for appointment on the post of Light Inspector. (xviii) That the petitioner submitted an application on 4. 1. 91 (Annex. 19) giving his consent for regular appointment on the post of Light Inspector in regular scale of pay. (xix) That on this application dtd. 4. 1. 91 (Annex. 19), the petitioner was appointed as Light Inspector and posted in the Municipal Council, Jaipur vide communication dtd. 10. 4. 91 (annex. 20 ). The petitioner submitted his joining report at the Municipal Council, Jaipur on 1. 5. 1991. A copy of joining report is marked as Annex. 21. (xx) That although the petitioner's joining report was accepted, but he was neither assigned any work nor any salary was paid to him. (xxi) That instead of providing relief to the petitioner, the respondent No. 1 vide his impugned order dtd. 17. 8. 91 (annex. 26) terminated the services of the petitioner on the ground that the petitioner was not possessing the requisite qualification for appointment on the post of Light Inspector. hence this writ petition with the above mentioned prayer.

(3.) IT may be stated here that through order dtd. 2. 1. 86 (annex. 16), the respondent No. 2 (Executive Officer, Municipal Board, Rajgarh) gave regular pay scale of J. En. to the petitioner, but later on Director, Local Self Department through his letter dtd. 19. 3. 88 (annex. 17) asked the petitioner that he could not have been posted on the post of J. En. , but he could only be posted on the post of Electrical Inspector and his choice was asked. Through letter dtd. 4. 1. 91 (Annex. 19) the petitioner replied that he was ready to work on the post of Light Inspector. The is also no dispute on the point that through letter dtd. 10. 4. 91 (Annex. 20), the petitioner was appointed as Light Inspector in the Municipal Council, Jaipur and through letter dtd. 1. 5. 91 (Annex. 21), the petitioner gave his joining at Municipal Council, Jaipur.