OTA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The questions of law which arise for determination of this court in this writ petition are as under - Whether an official of the rank of Deputy Superintendent Jail who was appointed on the said post by the State Government pursuant to his selection by the Rajasthan Public Service Commission (for short 'RPSC') and placed on probation initially for a period of two years and thereafter for another six months t s on extended period of probation which was further extended from time to time gets an automatic and vested legal right for confirmation on the said post ? Whether the State Government is under any statutory obligation to confirm the said official on expiry of probationary period notwithstanding complaints of gross irregularities, misconduct and misdemeanour committed by the said official from time to time and whether he gets any legal right of deemed confirmation on the expiry of his probationary period which resulted in framing of charges against him followed by a departmental enquiry, his suspension and thereafter his termination from service ?

(2.) The facts giving rise to the filing of this writ petition as briefly stated are as follows:

(3.) The petitioner initially joined service of Central Government where he was appointed as a trainee Type B Plan Tables w.e.f. 9.9.1975 in the Department of Survey of India where he worked upto 28.2.1985. In the year 1983 the Rajasthan Public Service Commission, Ajmer, held a combined competitive examination for giving appointments to perspective and eligible candidates to the post of Deputy Superintendent jail in Rajasthan Jail Services of the State Government in accordance with the relevant provisions of Rajasthan Jail Service Rules, 1959 (hereinafter referred to as 'the Rules of 1959').