UNIVERSITY OF RAJASTHAN JAIPUR Vs. MOHAN MELWANI

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree of the learned District Judge, Jaipur, City dated 13-11-1976, whereby the judgment and decree of the learned Munsiff, Jaipur East, Jaipur dated 9-3-1976 were reversed.

(2.) THE facts of the case, in brief, are that the plaintiff Mohan Melwani filed a suit for declaration and permanent injunction against the University of Rajasthan Jaipur on 10-12-1975 It was contended by the plaintiff that he was appointed as Stenographer on 5-2-1958, and was ordered to be promoted as Stenographer Cr. I with effect from 17-7-1965. THE plaintiff was promoted as officiating section Officer on 23-10-1973. THE Departmental Promotion Committee constituted under Rule 20 of the Rajasthan University Employees (non-teaching) Recruitment Rule (hereinafter to be referred to as Recruitment Rules), selected the plaintiff for the post of Section Officer, and he was placed on probation for one year wish effect from 4-3 1974 Later on, the plaintiff's probation period was extended for a further period of six months. THE extended probation period expired on 3-9-1975. THE plaintiff's contention is that in terms of Rule 33 (4) of the Recruitment Rules, it should be deemed that he was comfirmed after the lapse of two months of the probation period. Two months after the end of the probation period expired on 3-11-1975. On 9-12-1975 the plaintiff was reverted as Stenographer Gr. I. THE plaintiff prayed that the order of 9-12 1975 be declared null and void and he be declared as a confirmed Section Officer, and the defendant be restrained by means of a permanent injunction from implementing the order of reversion.

(3.) ON behalf of the defendant appellant, it was contended that the question of lack of authority in the Registrar in passing the order Ex. 7 dated 9. 12. 1975 could not be taken up for the first time in the second appeal.