JAGDISH PRASAD DAVE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was appointed as Civil Mistri on work -charge basis on 8.1.1973. While the petitioner contends that he has been made to discharge the functions of Lower Division Clerk, the respondents have denied it. The petitioner contends that he was required to discharge the duties of L.D.C. and, therefore, his services may be regularised on the post of L.D.C. and not as Civil Mistri or, Li alternate, the vacancies of Civil Mistri Grade -I may be determined in accordance with the Rules and his case for promotion from Civil Mistri Grade -II to Civil Mistri Grade -I may be considered. While the facts about petitioner having discharged the duties of L.D.C. during his appointment as Civil Mistri is disputed and on that basis, it is contended that the petitioner is not entitled to be regularised on the post of L.D.C, however, during the pendency of the writ petition, the Rajasthan Sub -ordinate Service (Ministerial Staff) Rules, 1957 (hereinafter called 'the Rules of 1957') were amended by a notification dated 18.12.1989 in which a further proviso to Clause (b) of Sub -rule (1) of Rule 7 was inserted, relevant portion of which is reproduced below: .........[vernacular ommited text]...........

(2.) IN view of this amendment in the rules, the petitioner contends that in any event he is entitled to be considered for being appointed as L.D.C. in the regular establishment against the 50% vacancies as he is otherwise fully eligible to hold the post, It is not disputed by learned by G.A.