RAMVEER SINGH Vs. MADAN LAL

JUDGEMENT

(1.) THE Special Appeal arises out of the order passed by the learned Single Judge dated 3.5.2002, who had issued the directions as follows:

(2.) THE writ petition was filed by Madanlal, a Class IV employee of the Municipal Corporation, who was allegedly trained by the appellant Ramveer Singh for working as a Driver/Excavator Loading Operator in the Municipality for a writ of quo warranto against the appointment of the appellant. The appellant was neither selected nor appointed on any encadred post. He was an employee of Escorts India Limited. At the time of purchase of Excavator cum Loader by the Municipal Council, he was allowed to work under an agreement entered into between the Escorts India Limited and the Municipal Council to operate the machine for a period of one year. It was specified in the terms of agreement that services of the appellant, who was a regular employee of Escorts India Limited, will be utilised by the respondent Council for a limited period. The appellant was required to train the writ petitioner Madanlal. It appears that either the training was not completed or that the Municipal Council was not satisfied with the efficiency of Madan Lal on which the appellant was appointed on contract basis to work as Excavator cum Loader Operator, until regular selection is made on the post.

(3.) IT is admitted that under the Rajasthan Municipal (Subordinate and Ministerial Service) Rules, 1963, there is no encadred post of Excavator cum Loader Operator in the Municipality and, thus, considering the predicament in which the appellant was placed, he was allowed to serve and the learned Single Judge considering the facts and circumstances of the case, issued directions, quoted as above.