HAKAM ALI KHAN Vs. STATE AND ORS.

JUDGEMENT

(1.) BY way of filing the present writ petition, the petitioner is challenging the impugned order dt. 08.02.2005 (Annex.8) as well as impugned order dt. 25.01.2005 (Annex.9) whereby the ad hoc promotion of the petitioner from the post of Assistant Revenue Inspector to the post of Revenue Inspector was cancelled by the Dy. Director (Zonal) Local Self Department, Government of Rajasthan, Ajmer and in consequence to the said order, the Commissioner, Municipal Board, Ladnu has passed an order for cancellation of the said order of promotion of the petitioner.

(2.) THE brief facts of the case are that the petitioner was initially appointed as Sub Nakedar on 05.12.1975 and he was promoted to the post of Nakedar on 01.12.1981. Further, the petitioner was promoted on the post of Assistant Revenue Inspector vide order dt. 23.05.1989 by the orders of the Executive Officer, Municipal Board, Ladnu. According to the petitioner being a member of Subordinate Services, his services are governed by the provisions of Rajasthan Municipalities (Subordinate and Ministerial Service) Rules, 1963 (hereinafter for short, "the Act of 1963" only). All the Municipalities of State of Rajasthan constituted under the provisions of Rajasthan Municipalities Act, 1959 are autonomous bodies. The petitioner is entitled for all service benefits as a members of subordinate staff of Municipal Board, Ladnu and his services are governed under the Rules of 1963.

(3.) IN para -4 of the writ petition, it is stated by the petitioner that at the time of granting promotion on ad hoc basis to the post of Revenue Inspector, he was working as Assistant Revenue Inspector at Municipal Board, Sujangarh on the transfer from Municipal Board, Ladnu but his parent employer was Municipal Board, Ladnu, therefore, his case was considered for promotion on ad hoc basis by the Municipal Board, Ladnu according to his seniority and after granting promotion on ad hoc basis from the post of Assistant Revenue Inspector to the post of Revenue Inspector, an order dt. 22.05.2002 was issued by the Director, Local Bodies, Rajasthan, Jaipur while exercising its power underR.38 of the Rules of 1963 transferred the petitioner again to his parent Municipal Board, which is Municipal Board, Ladnu from the Municipal Board, Sujangarh and in pursuance of that, the petitioner joined his duties at Municipal Board, Ladnu on the post of Revenue Inspector.