RAMVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard.

(2.) The appellant was working as Excavator-cum-Loader Operator with the Municipal Council, Bikaner on contract basis, however, his contractual appointment was challenged by one Madan Lal by way of filing S.B. Civil Writ Petition No.2348/1994, which came to be allowed by the learned Single Judge of this Court vide judgment dtd. 3/5/2002, wherein the learned Single Judge while observing that the contractual appointment of the appellant was only for a specific period and the same cannot be continued for unlimited period has directed the Municipal Council, Bikaner to undertake the selection process for appointment on the post of Excavator-cum-Loader Operator on regular basis, with a clarification that if the selection process is not completed within a period of four months, the services of the appellant would automatically come to an end.

(3.) Being aggrieved with the order dtd. 3/5/2002, the appellant has preferred an appeal before the Division Bench of this Court and the Division Bench vide judgment dtd. 19/3/2015 passed in DB Civil Special Appeal No.339/2002 has observed that there is no error of law in the judgment passed by the learned Single Judge, but at the same time, has observed that the learned Single Judge has erred in law in issuing direction that if the selection process is not completed within a period of four months, the services of the appellant would automatically come to an end, until they are extended on the extension being sought by the Municipal Council. After observing this, the Division Bench has partly allowed the appeal filed by the appellant and taking into consideration age of the appellant i.e. 59 years at the relevant time, has directed that until the regular selections are made, he will be allowed to continue till he attains the age of superannuation. Pursuant to the judgment passed by the Division Bench dtd. 19/3/2015, the appellant remained on the contractual appointment of the Municipal Council, Bikaner till he attains the age of 60 years. After that, the appellant has filed a fresh writ petition before this Court praying that the respondent- Municipal Council may be directed to grant the service as well as the retiral benefits to him.