SUMER CHAND JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this common order, three connected cases filed by the same petitioner- S. B. Civil Writ Petition No. 5099/1998, S. B. Civil Contempt Petition No. 239/1999 and S. B. Civil Writ Petition No. 568/2005 are being decided.

(2.) IN Writ Petition No. 5099/1998 the petitioner has challenged order dated 23. 9. 1998 (Anx. 11) whereby he has been reverted from the post of Supervisor to that of Class IV servant on the ground that there is no post of Supervisor in the Kherliganj Kraya Vikraya Sahkari Samiti Ltd. Kherliganj, Alwar (in short `the Society' ). Petitioner has also prayed for a direction to the respondents to allow him to work on the post of U. D. C. or in the alternative, to post him on the post of Supervisor.

(3.) IN reply, the contents of paras 3, 4, 5 of the writ petition relating to promotion of the petitioner have been denied by the respondents. It was further stated in reply to para No. 6 of the writ petition that the petitioner was the senior most employee therefore, he was handed over the charge of the post of Supervisor in routine. The respondents have also stated that the petitioner was promoted under the wrong notion that he was having due qualification and that there was post of Supervisor in the Society. The respondents have placed reliance on enquiry conducted by the Assistant Registrar in respect of the illegal appointment of Supervisor/demand of continuation as UDC wherein the Enquiry Officer has come to the conclusion that the post of Supervisor is not available in the Society and that the petitioner does not possess the qualification for the post of UDC which is Graduate even for the lower post of Junior Assistant. S. B. Civil Writ Petition No. 568/2005