NARENDRA KUMAR Vs. STATE

JUDGEMENT

(1.) BY this petition, petitioner has prayed for quashing his reversion order dated 2/9/1996 and has sought further direction to the respondents to treat him regularised on the post of Lecturer (School Education) in Mathematics, the post on which he has been working for last 16 years since 1980 when this writ petition was filed in the year 1996.

(2.) BY the impugned order Annex. 1 dated 2/9/2996 the petitioner was reverted back to the post of Gr. II teacher. The petitioner was appointed under Rule 27 of the Rajasthan Education (Subordinate Service) Rules, 1971 (hereinafter referred to as the 'Rules, 1971') on the post of Lecturer (School Education) vide order dated 24/9/1980, Annex.5 on record. The said appointment though initially made on ad hoc and temporary basis on the condition that same will continue for a period of one year or till the point of time when the regularly selected candidates from Departmental Promotion Committee or Public Service Commission are available to be appointed against the said post. The said appointment was extended from time to time vide Annex.7 dated 18/11/1982 and Annex.8 dated 9/1/1984. The petitioner has also submitted that vide order dated 20/5/2000 (Annex.9) though certain candidates like Mr. Bhramdutt Kurmi Mohan Lal Sharma and Bheru Lal Mall etc. were available either through PSC or DPC in the year 1984 -85 and 1988 -89, since petitioner was continuing on the post of Lecturer (School Education) throughout upto the year 1996, there was no good reason to revert him back after a long lapse of 16 years to the post of Gr. II Teacher.

(3.) ON the side opposite, Mr. B.L. Bhati, learned Addl. Government Counsel submits that the petitioner has no right to be regularised on the post of Lecturer (School Education) since his initial appointment itself was subject to condition that as soon as regularly selected candidates are available, he would be reverted back to the post of Gr.II Teacher and irrespective of extension granted to him from time to time, he ftes no right to be regularised on the said post. He too relied upon the decision of Hon'ble Supreme Court in the case of Uma Devi (Supra).