PREM BEHARI LAL MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY order dated 7. 10. 1996, the Division Bench of this Court has ordered that S. B. Civil Writ Petition No. 277/95 be heard alongwith this appeal, which was the second writ petition filed by the petitioner for the like reliefs.

(2.) THIS writ petition is directed against the order passed by the respondent-Municipality dated 9. 1. 1995 (Annex. 5), by which the petitioner's service as Assessor were not extended to which he was appointed on temporary basis by order dated 13. 11. 1993, under Rule 27 of the Rajasthan Municipal Subordinate and Ministerial Service Rules, 1963 (hereinafter referred to as `the Rules of 1963' ).

(3.) IN writ petition No. 3154/89, the Court has found as a fact that vacancy against direct quota for 1982 was not filled by the Department and the operative part of the order dated 7. 10. 1991 reads as under:- " Therefore, in the facts and circumstances of this case the writ petition is allowed and it is directed that the respondents shall determine the vacancies in terms of Rule 10 of the Rules of 1963 and fill the post of the Assessor in accordance with law. IN case petitioner has by now become over-age, then the case of the petitioner should be considered as because of the failure of the respondents not to determine the vacancies and make the recruitment, petitioner should not be placed in disadvantageous position. The vacancies should be determined in accordance with law and recruitment should be made within a period of 3 months from today. "