1 S.B.CIVIL WRIT PETITION NO.6213/2007 Kundan Kandara v. State of Rajasthan & Ors. Date of Order :: 13 th October, 2009 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. M.Mridul Sr.Advocate with Ms.Vandana Bhansali, for the petitioner. Mr. RS Saluja, for the respondents. .... An appointment was given to the petitioner as Naka Guard by an order dated 2.12.1995 as per the provisions of the Rajasthan Recruitment of Dependants of Government Servants (Dying while in Service) Rules, 1975. On abolition of the octroi duty in State of Rajasthan the petitioner was declared surplus and he was required to be absorbed in accordance with Government of Rajasthan Circular dated 22.3.2000 (Anx.7). As per the circular aforesaid the Naka Guards other than the persons having the qualification of higher secondary or above were required to be absorbed on an equivalent post. The case of the petitioner is that the respondents are utilising his services firstly as Assistant Sanitary Inspector and thereafter as Sanitary Inspector Gr.II, since 20.11.2002, thus, he is required to be absorbed as Sanitary Inspector 2 Gr.II, at least from 20.11.2002. As per the petitioner necessary recommendations were also made by the respondent Municipal Corporation to the Government of Rajasthan but no action has yet been taken by any of the respondents. In reply to the writ petition submitted by the respondents No.2 and 3 it is stated that no sanction has yet been received by the State Government for absorption of the petitioner and, therefore, no decision in this regard is yet taken. With regard to working of the petitioner as Sanitary Inspector Gr.II is concerned, it is stated by the respondents that though a recommendation as such was made but as a matter of fact the services of the petitioner were never utilised on the post aforesaid. By submitting a rejoinder, an effort is made by the petitioner to establish that his services were utilised by the Municipal Corporation, Jodhpur as Sanitary Inspector Gr.II. It is also reiterated that the petitioner is possessing qualification requisite to hold the post or Sanitary Inspector Gr.II. Heard counsel for the parties and considered the rival contentions. The posts of Assistant Sanitary Inspector, Sanitary Inspector Gr.I and Sanitary Inspector Gr.II 3 are part of the Rajasthan Municipal (Subordinate and Ministerial Service) Rules, 1963. The eligibility to be recruited on all the three posts referred above is as follows:- S.No Category Qualification Post from Minimum of post required for which qualification direct appointment and experience recruitment to be made required for by promotion promotion 2. Sanitary Graduate Sanitary 5 Year's Inspector (Trained) Inspector Experience Gr.I Grade II. 3. Sanitary Matriculate Asstt. - do - Inspector or its Sanitary Gr.II equivalent Inspector qualification (Trained) 4. Asstt. Matriculate or Sanitary its equivalent Inspector qualification (Trained) The petitioner is having the qualification of the post graduation and is also having Sanitary Inspector Diploma granted by the Rajasthan Institute of Local Self Government, as such he possess eligibility to be recruited on all the three posts. However, the Government of Rajasthan under its notification dated 22.3.2003 prescribed different posts for the proposed absorption and as per that a Nakedar can be absorbed as Assistant Sanitary Inspector, whereas an Assistant Revenue Inspector could have been absorbed on the post of Sanitary 4 Inspector Gr.II. The petitioner was admittedly holding the post of Nakedar and as such the proposed post for absorption available to him is of Assistant Sanitary Inspector. The respondents, therefore, are required to absorb the petitioner as Assistant Sanitary Inspector and not as Sanitary Inspector Gr.II. The claim of the petitioner for absorption as Sanitary Inspector Gr.II in view of the legal position mentioned above is not sustainable. Accordingly, this petition for writ is disposed of with a direction to the respondents to absorb the petitioner as Assistant Sanitary Inspector with Municipal Corporation, Jodhpur as per Government of Rajasthan notification dated 22.3.2000 (Anx.7) from the date he was declared surplus. The petitioner shall be entitled for all consequential benefits. No order to costs. ( GOVIND MATHUR ),J. kkm/ps.