LAWS(RAJ)-2006-2-66

INDRA KUMAR D RAWAL Vs. STATE OF RAJASTHAN

Decided On February 10, 2006
INDRA KUMAR D. RAWAL Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Heard learned Counsel for the petitioner.

(2.) By this petition, the petitioner seeks to challenge the Annexure-19, whereby the Dy. Director (Administration), Local Self-Government Directorate, has directed, that the post of Electrical Inspector (Assistant Electrical Inspector) is not in the promotional channel of LDC, still the petitioner has been promoted, which is illegal, and that cannot be regularised, therefore, it had been directed, that the promotion be cancelled immediately, and the name of the person, responsible for the promotion, be immediately sent, so that further action may be taken.

(3.) It is contended that the petitioner was of course appointed as LDC, but then, it was vide Annexure 6, that he was promoted by the Executive Officer of the Municipality, stipulating, that the payment of salary would be paid on the budget, and the post, being sanctioned. Learned Counsel relied upon Annexure 5, and submitted, that it is the Municipal Board, which had recommended for the petitioner's promotion, and accordingly, Annexure- 6 was passed, and thereafter, from time to time, the Directorate had been asking the informations, about the petitioner's working as Electrical Inspector/Asstt. Electrical Inspector, as to whether he was a direct recruitee, or promotee, and whether he was selected by the Selection Commission, and if so, the copy of the selection order was required, and it was intimated, that he was appointed as LDC, and he has not been selected by the Commission, still he continued to serve, for all these years, and now Annexure 19 has been passed, therefore, it is bad, apart from the fact that if he is reverted to as LDC, he will be deprived of all the benefits, that would have accrued to him, had he continued as LDC, during all these years.