- (1.) An important question which arises for determination in this writ petition is about the right of a temporary appointee to continue in service against the vacancies which remain available after regular selections for substantive appointment has been made.
(2.) The factual metrix of this case lies in the very narrow compass. The petitioner is a Graduate in Civil Engineering. In pursuance of a short term advertisement issued by the Director, Technical Education Directorate, Rajasthan, Jodhpur, on 4.1.90, the petitioner made an application for being considered for appointment as Superintendent in the Industrial Training Institute. He was called for interview alongwith other eligible persons and was selected for the purpose of temporary appointment. He was appointed as Superintendent, Industrial Training Institute and was posted at Khetri against a vacant post by order dated, 29.6.90 issued by the State Government under Rule 26 of the Rajasthan Tehchnical Education Service Rules, 1975 (hereinafter to be referred to as the 'Rules of 1975'). This appointment was for a period of four months or till the availability of the candidates selected by the Rajasthan Public Service Commission, whichever was earlier. The term of temporary appointment of the petitioner was continued from time to time by different orders passed by the Government. The last order for extension in the term of appointment of the petitioner was passed on 15.5.91. The date of extension mentioned in this order was 31.8.91 or till the availability of the candidate selected by the Rajasthan Public Service Commission, whichever was earlier. The service of the petitioner has however, been terminated by an order of the Government dated, 2.8.91.
(3.) The petitioner has stated in Para 7 of his writ petition that atleast 10 clear vacancies in the cadre of Superintendents are available in the Department. These vacancies have become available on account of promotion of ten persons by order dated, 2.8.91 against the promotion quota of the years 1989-90 and 1990-91. He has further stated that as per the provisions contained in the Rules of 1975. the post of Superintendent is required to be filled by promotion and by direct recruitment in the ratio of 50-50. Since, the vacancies have become available there can be no justification for termination of his service. The case of the petitioner is that even if the candidates selected by the Rajasthan Public Service Commission have become available, the petitioner cannot be removed from service till the availability of the vacancies which have remained unfilled even after appointment of all persons who have been selected by the Rajasthan public Service Commission.;