RAMESH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE grievance of the petitioner is that the recruitment on the post of Sub -Nakeder is not, being made by the respondents and in pursuance to notification No. 1/90, no appointments have been made for the -reasons best known to the authorities concerned.

(2.) IN S.B. Civil Writ Petition No. 5068/1996 decided on 5.12.96, this Court has decided the matter with the following observations and directions: This court and the Apex Court have been stressing every now and then that regular appointments should be made by the State, Local Bodies and State instrumentalities. This is essential not only for proper functioning of administration but also to check illegal appointments on ad hoc and temporary basis by back door entry. Once posts are and process of selection is commenced, it should be continued till selections are made unless there are strong grounds for its cancellation. Taking into consideration the facts and circumstances of the case, though no direction can be given in favour of the petitioner to give him appointment as claimed in the petition, but the respondents are directed to now start afresh the process of selection within two months from today for making regular appointments to file up the existing vacancies: The appointing authority shall also be free to make temporary appointment under Rule 27 of the Rajasthan Municipal Subordinate and Ministerial Service Rules, 1963 in accordance with law, if there is any delay in making regular appointments.

(3.) IT is contended by the learned Counsel that still selection process has not been initiated. If it is so, it amounts disobedience of the Court's order. While deciding this petition on the aforesaid terms, the respondent No 2, i.e. the Director, Local Bodies. Rajasthan, Jaipur is directed that if selection process has not been initiated, he may initiate the same without any further delay to avoid initiation of contempt proceedings in the matter.