Sandeep Mehta, J. - (1.) BY way of the instant writ petition, the petitioner seeks to assail the legality and validity of the order (Annex. 20) dated 16.12.2009 whereby the petitioner, who was assigned the work of Sanitary Inscharge was directed to handover the charge to Shri Chandrashekhar Sharma.
(2.) FACTS in brief are that the petitioner was appointed as a Class IV employee in the respondent Municipality Jalore by order (Annex. 1) dated 25.11.1982. He was thereafter confirmed in service by order (Annex. 2) dated 27.8.1984. The petitioner was promoted to the post of Fitter by order (Annex. 3) dated 2.2.1998. It appears that there was a requirement of officiating Sanitary Inspectors in the Municipality and by order (Annex. 5) dated 12.3.1999 the petitioner was assigned the duties of looking -after the sanitation, illegal encroachments in few wards of Jalore city. Thereafter, an order (Annex. 6) dated 17.5.2001 came to be issued whereby the petitioner was loosely termed to be an Assistant Sanitary Inspector and was assigned the duty to look after Wards No. 19, 10, 11, 12, 24 and 25 of the Jalore Municipal area. Thereafter, vide order (Annex. 7) dated 23.5.2001, teams were formed to stop illegal encroachments and the petitioner was made a part of the team projecting him to be Assistant Sanitary Inspector. It is relevant to mention here that as per the applicable service rules, the post of Assistant Sanitary Inspector and the Sanitary Inspectors in the Municipality are required to be filled 50% by promotion from the Sanitary Jamadars and 50% by direct recruitment. The pay scales of Sanitary Jamadar is prescribed at Sr. No. 19 of the Schedule and the other Class IV services are mentioned at Sr. No. 38 of the said Schedule. The petitioner claims that numerous orders came to be passed by the superior officer and the Board, whereby he was assigned the duty of Assistant Sanitary Inspector and was also given various appreciation certificates for the performance of his duties. Learned counsel for the petitioner submits that the impugned order (Annex. 20) whereby a Steno Typist named Chandrashekhar Sharma, respondent No. 4 herein was assigned the duties of the Sanitary Branch of the Municipality in place of the petitioner is unjust and arbitrary and therefore, the said order deserves to be quashed and set aside. Learned counsel heavily relies on the judgment rendered by the Hon'ble Supreme Court in the case of Harpurpratap Singh Vs. State of Punjab & Ors. reported in, (2008) 2 SCC (L & S) 618 and the judgment rendered by this Court in the case of Lal Mohammad Vs. The State of Rajasthan & Anr. reported in : 2005 (4) WLC (Raj.) 791 and contends that the ad hoc or part timer, who has been appointed on a particular post cannot be replaced by another ad hoc appointee. He, therefore, prays that the writ petition deserves to be allowed in light of the aforesaid decisions.
(3.) PER contra, Dr. Pratishtha Dave, learned AGC, appearing for the respondents states that it is clearly not a case where the petitioner was removed from service. The petitioner's services were earlier being utilized on requirement basis and as a stopgap arrangement as an Assistant Sanitary Inspector but later on a decision was taken to assign the said duty to Chandrashekhar Shamra which is in the discretion of the concerned authorities. She submits that no right accrued in favour of the petitioner simply because he was assigned the duty of an Assistant Sanitary Inspector on stopgap base for a particular period of time, howsoever long the same may be. She contends that as per the Subordinate Service Rules applicable to the Municipal employees, the mode provided for appointment to the post of an Assistant Sanitary Inspector, is 50% by way of promotion from Sanitary Jamadars and 50% by direct recruitment. The petitioner was never appointed as a Sanitary Jamadar. Thus, he has no right to be appointed as an Assistant Sanitary Inspector. As such, she submits that neither any right accrued to the petitioner to be considered against the said post upon his services being utilized as an Assistant Sanitary Inspector nor was any of his rights infringed by the order (Annex. 20) so as to call for any interference in this writ petition. Learned counsel submits that the promotion of the petitioner to the post of Fitter is also illegal because no mode is provided in the rules for promoting a Class IV employee to the post of Fitter.;