CW 4260/95 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.4260/1995 Ganga Ram Sharma Versus Nagar Nigam, Jaipur Date of Order ::: 17/02/09 Hon'ble Mr. Justice Ajay Rastogi Mr. RP Garg, for petitioner Mr. KN Gupta, for respondent Instant petition has been filed with the grievance that petitioner is entitled to be fixed in pay scale of Junior Accountant from 01/04/77 as recommended by Municipal Corporation, Jaipur to the State Government. Petitioner was initially appointed as LDC on 13/07/1961 and on having passed Accounts Clerk examination in the year 1965, was promoted as Accounts Clerk vide order dt.10/05/77 (Ann.2) w.e.f.24/12/70. Post of Junior Accountant is included in the Schedule appended to Rajasthan Municipal (Subordinate & Ministerial) Service Rules, 1963 (“Rules, 1963”). The case of petitioner is that State Government made amendment in Rule 27 vide Raj. Subordinate Accounts Service (Amendments) Rules 1976 vide notification dt.04/02/77 and held that a person who has passed the examination of accounts clerk, and hold the post of UDC or Accounts Clerk on 31/03/1972, including those who became eligible for promotion in regular line and CW 4260/95 //2// promoted to a post higher than UDC in substantive/officiating/temporary/adhoc capacity or even transferred to other department or on deputation, are also considered to be eligible for the post of Junior Accountant. However, no such corresponding amendment, if any made under Rules, 1963 taking note of amendment notification dt.04/02/77, has been brought to the notice of this Court. It appears that Municipal Council, Jaipur recommended for sanctioning and conversion of the post of Jr. Accountant w.e.f. 01/04/77 vide letter dt. 06/10/77. At the same time, candidature of petitioner was also recommended for appointment as Junior Accountant against the post which was sought to be converted/created. However, petitioner was appointed as Junior Accountant vide order dt.17/10/83 (Ann.3) w.e.f. 24/08/83 from the date of creation of the post of Jr. Accountant and was further promoted as Accountant vide order dt.29/01/90 (Ann.6). However, petitioner made representations as alleged for revising his appointment on the post of Jr. Accountant from the date it was recommended by Jaipur Municipal Council, but his efforts since failed, approached this Court in the year 1995. Counsel for petitioner submits that once CW 4260/95 //3// candidature was recommended by Municipal Council Jaipur for his appointment as Jr. Accountant from 01/04/77, there was no justification available for respondents to appoint him from 24/08/83 vide order dt.17/10/83 (Ann.3). No justification has come on record which may deprive him of appointment from the date anterior thereto. In reply, respondents have inter-alia averred that Municipal Council certainly made recommendations but State Government created post of Jr. Accountant w.e.f. 24/08/83 vide order dt. 10/10/83, therefore, upon creation/conversion of post of Jr. Accountant, petitioner was appointed as Jr. Accountant from the date of creation (24/08/83) vide order dt.17/10/83 (Ann.3). It has been informed to this Court that petitioner has retired from service somewhere in 1998 and State of Rajasthan through Local Bodies Department which was impleaded as respondent NO.1, was deleted from the array of respondents on the request made by petitioner on 20/02/98. I have considered contention of Counsel for parties and with their assistance, examined material on record. Petitioner was a member of Rules, 1963 and was eligible to be considered for the post of Jr. Accountant as per conditions of eligibility laid down in the Schedule appended in Rules, 1963. However, no such corresponding CW 4260/95 //4// amendment in Rules, 1963 if any made by State Government, has been brought to the notice of this Court as made vide notification dt.04/02/77 (quoted in para 3 of the petition). However, the post of Jr. Accountant was created/converted by the State Government on the recommendations made by Municipal Council, Jaipur, w.e.f. 24/08/83 vide order dt.10/10/83 and from the date of conversion/creation of the post of Jr. Accountant, to which petitioner was appointed vide order d.17/10/83 (Ann.3). Submission made by Counsel for petitioner that he is entitled to be considered for the post of Jr. Accountant from the date his name was recommended by Municipal Council, Jaipur, is of no substance because mere recommendations will not confer any right while State Government being authority competent has created/converted post of Jr. Accountant w.e.f. 24/08/83 itself vide order dt.10/10/83, certainly he could not have been appointed from the date anterior thereto. Consequently, writ petition fails and is hereby dismissed. No costs. (Ajay Rastogi), J. K.Khatri/p.4/4260CW95-17Fb.doc