R.BALIA,J. - (1.) THE petitioner was appointed as Draftsman with the Municipal Board, Chittorgarh Vide order dated 3.2.1955 and was promoted as Overseer Grade -II vide order dated 20.6.1969. After obtaining diploma in Civil Engineering in 1970, the petitioner was promoted as Overseer Grade -I. It is contended by learned Counsel for the petitioner that the petitioner having put in 15 years' services as Overseer Grade -I on 1.4.1989 became eligible for promotion to the post of Assistant Engineer (Civil) in the year 1989 -90. The petitioner contends that in all there are 39 posts of Assistant Engineer for various Municipal Boards in Rajasthan, there existed 15 vacancies of Assistant Engineers under Rajasthan Municipal Service, 5 being those which fall under the quota of Scheduled Castes and Scheduled Tribes to which category the petitioner belongs. The petitioner contends that in spite of his case having recommended for promotion against the quota, he has not been accorded promotion on the post of Assistant Engineer (Civil).
(2.) A reply has been filed in which the substance of contention raised by the petitioner has not been disputed. While it is admitted that the recommendations for appointment/promotion on the post of Assistant Engineer was made, however, it is stated by respondents that the Additional Munsif and Judicial Magistrate No. 2, Jaipur passed a stay order and restrained the respondents from giving promotion on the post of Assistant Engineer. However, no orders have been produced nor details of the orders have been stated in the return. The details of the proceedings in which the interim order is alleged to have been passed have also not been placed though reply was filed way back in August, 1990. As far as the vacancies' position is concerned, as per the respondents' reply also, there are after taking Into account the persons working as Assistant Engineers from the Municipal Service (Rajasthan) and persons working on deputation, 17 posts are vacant. The further case of the petitioner is that since 9th December, 1989 the petitioner has been asked to discharge as Assistant Engineer in addition to his own duties under the Municipal Board, Chittorgarh and while discharging those duties, he has retired after attaining the age of superannuation. Thus, the fact remains that without actually according promotion, the petitioner has been made to discharge the duties of Assistant Engineer since 9.12.1989. In these circumstances, he contends that even in the absence of a formal order, the petitioner is entitled to be paid emoluments of the post on which he discharged duties on and from 9.12.1989, with all consequential benefits. He places reliance on a decision of this Court in D.B. Civil Writ Petition No. 2228 of 1987 Vivek Prakash Mathur v. State of Rajasthan and Others, decided on May 25, 1988.
(3.) IN the facts and circumstances of the case, in my opinion, the principle laid down in Vivek Prakash Mathur's case (supra), is fully applicable in the present case and the petitioner is entitled to emoluments of the post of which he was made to discharge duties since 9.12.1989 and all consequential benefits of superannuation flowing therefrom.;