Gopal Krishan Vyas, J. - (1.) BY way of filing the present writ petition, the petitioner is challenging the impugned order dt. 08.02.2005 (Annex.8) as well as impugned order dt. 25.01.2005 (Annex.9) whereby the ad hoc promotion of the petitioner from the post of Assistant Revenue Inspector to the post of Revenue Inspector was cancelled by the Dy. Director (Zonal) Local Self Department, Government of Rajasthan, Ajmer and in consequence to the said order, the Commissioner, Municipal Board, Ladnu has passed an order for cancellation of the said order of promotion of the petitioner.
(2.) THE brief facts of the case are that the petitioner was initially appointed as Sub Nakedar on 05.12.1975 and he was promoted to the post of Nakedar on 01.12.1981. Further, the petitioner was promoted on the post of Assistant Revenue Inspector vide order dt. 23.05.1989 by the orders of the Executive Officer, Municipal Board, Ladnu. According to the petitioner being a member of Subordinate Services, his services are governed by the provisions of Rajasthan Municipalities (Subordinate and Ministerial Service) Rules, 1963 (hereinafter for short, "the Act of 1963" only). All the Municipalities of State of Rajasthan constituted under the provisions of Rajasthan Municipalities Act, 1959 are autonomous bodies. The petitioner is entitled for all service benefits as a members of subordinate staff of Municipal Board, Ladnu and his services are governed under the Rules of 1963. As per the petitioner, there was a sanctioned post of Revenue Inspector existing in the Municipal Board, Ladnu and for appointment on the post of Revenue Inspector, there is a provision underR.8 of the Rules of 1963 whereby the method of recruitment is provided. The post of Revenue Inspector is to be filled in the ratio of 50% by direct recruitment and 50% by way of promotion. Therefore, there being only one post of Revenue Inspector, the same was required to be filled in by way of promotion from amongst the eligible candidates. The petitioner was promoted in the year 1989 on the post of Assistant Revenue Inspector as such he was possessing more than five years' experience on the post of Assistant Revenue Inspector, therefore, he was eligible to be promoted on the post of Revenue Inspector. Therefore, a resolution was passed in the meeting held on 27.04.2002 by the Municipal Board, Ladnu by which it was resolved to promote the petitioner on the post of Revenue Inspector on adhoc basis till his suitability is adjudged by the Departmental Promotion Committee. The petitioner has placed on record the resolution passed by the Municipal Board in its meeting dt. 27.04.2002 as Annex.2. As per the petitioner in pursuance of the said resolution passed by the respondent Board, the petitioner was granted promotion on ad hoc basis on the post of Revenue Inspector in the pay scale of Rs. 5000 -150 -8000 till his suitability is adjudged by the Department Promotion Committee and this promotion order was issued by the Chairman on 04.05.2002 (Annex.3).
(3.) IN para -4 of the writ petition, it is stated by the petitioner that at the time of granting promotion on ad hoc basis to the post of Revenue Inspector, he was working as Assistant Revenue Inspector at Municipal Board, Sujangarh on the transfer from Municipal Board, Ladnu but his parent employer was Municipal Board, Ladnu, therefore, his case was considered for promotion on ad hoc basis by the Municipal Board, Ladnu according to his seniority and after granting promotion on ad hoc basis from the post of Assistant Revenue Inspector to the post of Revenue Inspector, an order dt. 22.05.2002 was issued by the Director, Local Bodies, Rajasthan, Jaipur while exercising its power underR.38 of the Rules of 1963 transferred the petitioner again to his parent Municipal Board, which is Municipal Board, Ladnu from the Municipal Board, Sujangarh and in pursuance of that, the petitioner joined his duties at Municipal Board, Ladnu on the post of Revenue Inspector.;