RAJESH BALIA, J. - (1.) THE petitioner in this writ petition has challenged the order Annexure -7 dated 2.6.80 and Annexure -13 dated 24.11.80.
(2.) THE facts giving rise to this writ petition are that the petitioner was working as Lower Division Clerk at Municipal Board, Jalore, while working as LDC he made an application dated 18.7.75 to the Municipal Board, Bhinmal stating that he is eligible for being appointed on the post of Assessor and post of Assessor is lying vacant at Municipal Board, Bhinmal, he therefore, requested that he may be given appointment on the post of Assessor. The Municipal Board recommended the case of the petitioner in its resolution dated 6.8.75 and consequently, the petitioner was appointed as an Assessor on the post lying vacant at the Municipal Board, Bhinmal on 8.8.75. The Municipal Board, Bhinmal, after finding the work of the petitioner satisfactory, confirmed him on the post vide resolution dated 10.7.77 (Annexure 6). It is averred by the petitioner that on account of personal animosity, the Chairman of the Board had at one time recommended for reverting the petitioner from the post of Assessor, the Administrator, Municipal Board, Bhinmal, vide his letter dated 1.1.79 brought this fact to the notice of the State Government that proposal for reversion of the petitioner was made by earstwhile Chairman due to personal animosity and the proposal was sent to the Government by earstwhile Executive Officer on his own without bringing it to the knowledge of the Administrator. He also opined that the work of Narpat Chand was satisfactory and looking to the satisfactory functioning of the petitioner he has been confirmed on the post. He, therefore, recommended that the proposal sent fay the Chairman be filed. However, vide Annexure 7 dated 2.6.80, the Government informed that the post of Assessor at Municipal Board, Bhinmal has been abolished and by treating the petitioner to be temporary he was ordered to be reverted to the post of LDC. Against the order dated 2.5.80, the Municipal Board, Bhinmal, requested to the Government that the post is required to be continued at the Board and the Board has made necessary provisions in its budget for the post for the year 1980 -81 relating to the order post concerned and, therefore, the order be kept in abeyance and sanction the continuance of the post. This request of the Municipal Board was turned down by the order Annexure -13 dated 24.11.80. Faced with impending reversion, the petitioner filed the writ petition challenging the order Annexure 7 by which the post of Assessor has been abolished and the petitioner has been ordered to be reverted. No reply on behalf of the State has been filed. However, the petitioner has further placed on record Annexure -14, the final seniority list of the Assessors working at various Municipalities in Rajasthan, Annexure -15 by which the respective Municipal Boards were directed to confirm the said employees who have been appointed in accordance with the Rajasthan Municipal Subordinate and Ministerial Rules, 1963 with reference to Rule 27(2), This was to cover the employees appointed upto 31.12.84 and regularised by order dated 18.4.87. The petitioner has further produced Annexure 16 dated 16.5.84 whereby the Municipal Board, Jalore passed a resolution to offer appointment to the petitioner on the post of Assessor after obtaining no objection and consequently, by order dated 4.2.86 the petitioner has been transferred from. Municipal Board, Bhinmal to Municipal Board, Jalore where the post of Assessor existed. The petition was admitted on 5.12.80 and in the meanwhile status quo regarding the reversion of the petitioner was maintained. Thus, the order of reverting the petitioner from the post of Assessor to the post of LDC was not given effect to. The present position is that the petitioner is working as Assessor at Municipal Board, Jalore where the post of Assessor is existing.
(3.) INSPITE of the service, no reply has been filed on behalf of any of the respondents.;