KUDRAT ALI Vs. MUNICIPAL COUNCIL BHILWARA

JUDGEMENT

(1.) THIS appeal is directed against the order of learned Single Judge dated 13. 07. 2000 by which the writ petition No. 4182/92 filed by the appellant was dismissed by holding that there is delay of 15 years in filing the writ petition as the seniority list was prepared in 1976.

(2.) THE background of the writ petition which emerges from the facts narrated and about which there is no dispute is that the petitioner-appellant was initially appointed as temporary L. D. C. in the Municipal Council, Bhilwara on 15. 06. 1972. He worked on that post continuously until March 4, 1976 when his temporary services were brought to an end. THE said termination order was subject matter of S. B. Civil Writ Petition No. 489/76. In the said proceedings termination order was found to be invalid.

(3.) THE fact about said list is that on 19. 3. 1983 the provisional seniority list of Lower Divisional Clerks was published inviting objections within 15 days and after considering the objections, the final seniority list was published on 12/13. 06. 1984 in which seniority of petitioner was determined by considering him to be substantively appointed on 31st Jan. , 1977. It may be noticed that both, provisional seniority list as well as final seniority list, were published even before the decision of the learned Single Judge was rendered by which the termination order in respect of the petitioner was held to be invalid which was passed in 1976. Thus, as on the date seniority list was published, the order terminating petitioner-appellant's service had not been set aside and the petitioner was in service as on that date only in consequence of subsequent appointment in pursuance to recommendation made by RPSC on being regularly selected.