Dismissed

Kesha Ram Mali v. State and Ors.

Rajasthan HC15 Apr 2015SAW/178/2015

Case brief

AI extract

What is this about?

The High Court dismissed a special appeal by an appellant, a substantive Fitter, challenging an order assigning him additional duties instead of appointing him as Assistant Sanitary Inspector. Rejecting his claim of adhoc promotion, the court held he remained in his substantive capacity and the appeal was dismissed.

What did the court decide?

The appeal filed by the appellant was dismissed.

Kesha Ram Mali Vs State and Ors. — Pension and Retirement Benefits | Rajasthan HC (2015)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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D.B. CIVIL SPECIAL APPEAL (WRIT) NO.178/2015 (KESHA RAM MALI V/S STATE OF RAJASTHAN & ORS.) ***

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DATE OF ORDER

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15.04.2015

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HON'BLE MR. GOVIND MATHUR,J HON'BLE MISS JAISHREE THAKUR ,J

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Mr.Girish Sankhala for the appellant.

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This appeal is preferred to question correctness of the judgment dated 05.02.2015 passed by learned Single Bench in S.B.Civil Writ Petition No.81/2010.

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In brief, facts of the case are that the appellant-petitioner entered in the services of the respondent Municipality, Jalore being appointed as Class-IV employee under an order dated 25.11.1982 and was promoted as Fitter on 02.02.1998. By order dated 12.03.1999, the Municipality as an stop-gap arrangement directed him to look after the work of Assistant Sanitary Inspector. The Executive Officer, Municipality Jalore vide order dated 16.12.2009 instructed one Mr. Chandra Sekhar Sharma, Steno Typist to look after the work relating to removal of encroachments that is a part of duties of an Assistant Sanitary Inspector. Under the same order, direction was given to the appellant to work as Fitter, his original post. Being aggrieved by the order aforesaid, the appellant approached this court by way of filing a petition for writ with assertion that he was working as Assistant Sanitary Inspector in

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adhoc capacity and as such, he could have not been removed from the post aforesaid without having regular appointee. It is submitted that in the light of several judgments of Hon'ble Supreme Court adhoc appointee cannot be substituted by other adhoc appointee, hence, the appellant is entitled to continue as Assistant Sanitary Inspector.

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The learned Single Bench while dismissing the petition for writ arrived at the conclusion that under the order impugned, the respondent Municipal Board assigned certain duties relating to removal of encroachments to Shri Chandra Sekhar Sharma and that is not an appointment as Assistant Sanitary Inspector. The direction given to the petitioner to work as Fitter also does not suffer from any wrong being that his original post.

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In appeal, the learned counsel for the appellant has reiterated the same arguments as agitated before the learned Single Bench. We do not find any merit in the same. It is a position admitted that the petitioner is holding the post of Fitter in substantive capacity and from that no avenue for promotion to the post of Assistant Sanitary Inspector is available. As such, by no stretch of imagination, even adhoc appointment could have been given to him as Assistant Sanitary Inspector. From perusal of the documents annexed, it reveals that the petitioner was directed to look after the work of Assistant Sanitary Inspector as an administrative measure and he

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was never promoted to that post, hence, the claim made by him that he cannot be removed from the post of Assistant Sanitary Inspector by other adhoc appointee is absolutely misconceived and ill-founded.

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In result, the appeal is dismissed.

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[JAISHREE THAKUR], J. [GOVIND MATHUR], J.

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Anil Singh

Kesha Ram Mali v. State and Ors.

Case brief

What is this about?

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Kesha Ram Mali v. State and Ors.

Case brief

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