LAXMI NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The basic contention of the learned counsel for the appellant in this appeal is that his experience has not been counted which he gained from the initial date of appointment. The learned Single Judge has come to the conclusion that in Rule 4(C) of the Rajasthan Service of Engineering (Building and Roads Branch) Rules, 1954 (for short the Rules of 1954) it has been provided that experience will be counted from the period for which the person has continuously worked on such post after "regular recruitment". The learned Single Judge has also noticed that the appellant was working as Workcharge Surveyor and his pay was also less than the payment made to a regular Surveyor. Thus, on the basis of interpretation of Rule the learned Single Judge refused to grant any relief to the appellant.

(2.) Learned counsel for the appellant submitted that the appellant came to be appointed under the Rules and the interpretation given to Sub-rule (4) is not correct. The appellant was appointed in the year 1960 as Surveyor and he continued in that position, therefore, the respondents have committed an error in not considering his case for promotion.

(3.) We have given our thoughtful consideration. Rule 4(i) clearly specifies that experience gained by officiating, temporary or ad hoc appointment shall be counted if such appointment is in the regular line of promotion and was not of stop gap or a fortuitous nature or invalid under any law. To check his position we asked for the initial appointment order. Production of the same was not put forward. From the record it is clear that the petitioner was earlier appointed on workcharge basis which is not an appointment in the regular line of promotion. Regular line of promotion has not been given to the appellant at the initial stage in terms of the Rules applicable to the petitioner. That being the position, there is no force in this appeal as his initial appointment was not a regular appointment.