J N KACKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS case raises a very short point for determination, namely as to whether the case of the petitioner for absorption on the post of Assistant Mining Engineer (Survey) is covered by the provisions of sub-r. (l) (b) of R. 11 or sub-r. (4) of R. 11 of the Rajasthan Civil Services (Absorption of Surplus Personnel) Rules, 1969 (hereinafter to be referred as 'the Rules' ).

(2.) THE facts giving rise to this petition may be briefly stated. THE petitioner, Shri Kacker was appointed as an Assistant Mining Engineer (Survey) in a temporary capacity for a period of six months by the order of the State Government dated June 19, 1964. THEreafter the period of his temporary appointment was extended. While the petitioner was working as such the post of Assistant Mines Manager, Palana Colliery, Palana (Rajasthan) was advertised and a selection committee was constituted by the State Government for selecting a candidate for appointment to the aforesaid post. It may be mentioned here that the Palana Colliery was a Rajasthan Government undertaking. THE petitioner was selected by the Selection Committee, constituted by the State Government, for the post of Assistant Mines Manager of the aforesaid colliery and was appointed on the aforesaid post by the order of the State Government dated April 20, 1965 with effect from the date he joined his duties. This appointment was on a temporary basis for a period of six months or till a candidate selected by the Rajasthan Public Service Commission joined duty, whichever was earlier. THE petitioner continued to hold the post of Assistant Mines Manager till she State Government decided to close down the aforesaid Colliery in April, 1967 THEreafter, by the order of the State Government dated April 27, 1967 she petitioner was declared surplus and was directed to report himself to the General Administration Department for absorption. THE case of the petitioner was considered lor absorption by the State Government and it was decided that since no post for absorption of the petitioner was available in any other Department, he may be absorbed in the Mines Department. THE Government, therefore, passed an order on July 13, 1967, that the petitioner may be absorbed against the post of Assistant Mining Engineer (Survey) with effect from July 1, 1967.