BHAWANI SINGH Vs. STATE

JUDGEMENT

(1.) THIS petition, under Art. 226 of the Constitution, has been filed by Bhawani Singh for certiorari quashing the result issued by the Rajasthan Public Service Commission. , in respect of the posts of Excise Inspectors Grade- II and for mandamus to treat the petitioner as to be validly selected Excise Inspector of that grade.

(2.) THE petitioner was appointed in the year 1974 as L. D. C. in the Excise Department. He was, thereafter, appointed as Excise Inspector Grade II under Rule 26 of the Rajasthan Excise Subordinate Service (General Branch) Rules, 1974. Rule 26 deals with urgent, temporary appointment. An appointment made under this rule cannot be continued beyond a period of one year without referring the case to the Commission for concurrence where such concurrence is necessary and shall be terminated immediately on the refusal. THE petitioner, thereafter, was reverted to the post of L. D. C. by the order dated 15. 11. 77. He again was appointed as Excise Inspector Grade-II on 5. 12. 1982. THE said order mentioned that the appointment of the petitioner was purely temporary, made for the period that selection had not been made by the Public Service Commission.

(3.) THE next submission of the petitioner's counsel was that being in service for the last about 10 years, he was entitled to be regularised. This submission is not tenable. THE nature of appointment of the petitioner had been clearly mentioned in the appointment order and he had been notified that he was temporary and could continue only till the selected candidates were not available. Reliance had been placed by the petitioner's counsel on All Manipur Regular Posts Vacancies Substitute Teachers' Association vs. State of Manipur (1 ). THE case is an authority for the Law which it lays down, and every authority has to be read in the background of facts coming to a Court. This decision went on its own facts and there is no proposition of law which could be use fully given to the petitioner's assistance.