- (1.) THE Special Appeal arises out of the order passed by the learned Single Judge dated 3.5.2002, who had issued the directions as follows: "The net outcome of the aforesaid discussion is that the writ petition is allowed, and the respondent No. 2 is directed to undertake a regular selection exercise, for appointment to the post sanctioned, to be manned by a suitable person to operate the machine in question. It is made clear that in undertaking the selection exercise, the vacancy should be given wide publicity, instead of confining to correspondence with the Employment Exchange, so as to give adequate opportunity to good number of eligible candidates, who may be available, and who may like to offer their candidature for appointment, and thereafter to select, out of the available candidates in accordance with law. Considering the circumstance that the respondent No. 3 was given appointment for a specific period of one year only, and is continuing to hold the post under the orders of this Court passed in Writ Petition No. 4533 of 1992, simply because the respondent No. 2 has not chosen to undertake the selection exercise for all this long period of around a decade, and is holding the post, depriving all other eligible candidates, who may be available to offer themselves for appointment. I am constrained to direct the respondent No. 2, to complete the selection exercise positively within a period of four months. On the expiry of which period, the employment of respondent No. 3 would automatically come to an end, unless it is extended, on the extension being sought by respondent No. 2, by express order from this Court. The parties are left to bear their own costs."
(2.) THE writ petition was filed by Madanlal, a Class IV employee of the Municipal Corporation, who was allegedly trained by the appellant Ramveer Singh for working as a Driver/Excavator Loading Operator in the Municipality for a writ of quo warranto against the appointment of the appellant. The appellant was neither selected nor appointed on any encadred post. He was an employee of Escorts India Limited. At the time of purchase of Excavator cum Loader by the Municipal Council, he was allowed to work under an agreement entered into between the Escorts India Limited and the Municipal Council to operate the machine for a period of one year. It was specified in the terms of agreement that services of the appellant, who was a regular employee of Escorts India Limited, will be utilised by the respondent Council for a limited period. The appellant was required to train the writ petitioner Madanlal. It appears that either the training was not completed or that the Municipal Council was not satisfied with the efficiency of Madan Lal on which the appellant was appointed on contract basis to work as Excavator cum Loader Operator, until regular selection is made on the post.
(3.) IT is admitted that under the Rajasthan Municipal (Subordinate and Ministerial Service) Rules, 1963, there is no encadred post of Excavator cum Loader Operator in the Municipality and, thus, considering the predicament in which the appellant was placed, he was allowed to serve and the learned Single Judge considering the facts and circumstances of the case, issued directions, quoted as above. The appellant was aggrieved by the concluding portion of the direction viz; that if the selection process is not completed within a period of four months, his services will automatically come to an end unless they are extended, on the extension sought by the Municipal Council, by an express order from this court.;