- (1.) AN appointment was given to the petitioner as Beldar with the respondent-Municipal Council, Udaipur on 01.4.1982. While discharging the duties of Beldar, he submitted an application to the Commissioner, Municipal Council, Udaipur to permit him to avail necessary training required for appointment to the post of Sanitary Inspector. The request made by the petitioner was accepted and he was permitted to avail the necessary training. After availing the training, the respondent-Municipal Council utilized his services as Sanitary Inspector, but no appointment on the post aforesaid has been accorded to him as per provisions of the Rajasthan Municipal Subordinate and Ministerial Service Rules, 1963 (hereinafter referred to as 'the Rules of 1963'), a direction, therefore, is sought for the respondents to promote the petitioner as Assistant Sanitary Inspector and further to the post of Sanitary Inspector Gr.II.
(2.) NO reply to the writ petition has been filed on behalf of respondents, however, it is submitted by learned counsel for the Municipal Council that as per the Rules of 1963 no channel of promotion is available to a Beldar for promotion to the post of Assistant Sanitary Inspector. While meeting with the argument, it is submitted by Shri Deelip Kawadia appearing on behalf of the petitioner that though appointment was given to the petitioner as Beldar, but his services have always been utilized as Incharge Sanitary Wing and as a matter of fact he was throughout working as Sanitary Inspector, therefore, he possesses the requisite eligibility including experience for appointment to the post of Assistant Sanitary Inspector.
(3.) HEARD learned counsel for the parties.;