- 1 - IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Ramesh Giri vs. State & Ors. S.B.CIVIL WRIT PETITION NO.201/2003 DATE OF ORDER : 8th April, 2008 P R E S E N T HON'BLE JUSTICE GOPAL KRISHAN VYAS Mr.Anil Bhandari, for the petitioner. Mr.R.S.Saluja, for the respondent. In this case the petitioner has prayed for a direction to the respondents for making payment of salary which is admissible to the employees working on the post of Sanitary Inspector. The case of the petitioner is that he was substantively appointed on the post of Jamadar in accordance with the provisions of Rajasthan Municipal (Subordinate & Ministerial Service) Rules, 1963 (for short `the Rules of 1963'). While working on the post of Jamadar, - 2 - he was provided appointment on the post of Sanitary Inspector vide order dated 7th April, 1999 (Annex.3) by Mahapour, Municipal Corporation, Jodhpur. The petitioner is working since his appointment on the post of Sanitary Inspector continuously till today, therefore, as per petitioner he is entitled to salary of said post. It is also one of the contentions of petitioner that he was possessing all the requisite qualification for the post of Sanitary Inspector, so also according to Rule 27 of the Rules of 1963, there is a provision for providing appointment on urgent temporary basis. According to the petitioner, he was provided appointment in accordance with Rule 27 of the Rules of 1963. Since 7thApril, 1999, petitioner is working on the post of Sanitary Inspector, therefore, vide letter dated 5/7/2005 (Annex.9), communication was sent by the Commissioner, Municipal corporation, Jodhpur to the Deputy Director (Administration) Local Bodies, Jaipur, in which it was specifically mentioned that petitioner is working on the post of Sanitary Inspector till today, therefore, administrative sanction may be accorded for the purpose of payment of - 3 - salary so also sanction may be granted for absorption on the post of Sanitary Inspector against the exisitng vacant post of Sanitary Inspector. Therefore, it is prayed that petitioner's writ petition may kindly be allowed. Per contrar, learned counsel for the respondent Municipal Corporation submitted that petitioner was appointed on the post of Jamadar and as per channel of promotion provided in the Rules, a Jamadar can be promoted to the post of Assistant Sanitary Inspector. Referring to Rule 27 of the Rules of 1963, it is submitted that there is a provision in the Rules for providing urgent temporary appointment to an employee of the Municipal Corporation but a Jamadar can be promoted on the next higher post i.e. Assistant Sanitary Inspector and not on the post of Sanitary Inspector. However, as per appointment order dated 7/4/1999 by which petitioner was provided appointment on the post of Sanitary Inspector on urgent temporary basis for a period of one year, therefore, the petitioner can only claim salary of the post of Sanitary Inspector for the period of one year only as per Rule 27 of the Rules, 1963 and not beyond that. According to - 4 - respondents, under the scheme of Rules of 1963 there is no provision in the Rules that a Jamadar can be appointed/promoted on the post of Sanitary Inspector directly. Therefore, petitioner cannot claim salary for the post of Sanitary Inspector. Petitioner's temporary appointment on the post of Sanitary Inspector for one year w.e.f. 7/4/1999 cannot be treated as an appointment on regular basis. Counsel for the respondent also submitted that there is no order extending the appointment of petitioner as Sanitary Inspector after one year, so also as per the Rules no appointment made on urgent temporary basis can be extended beyond one year, therefore, petitioner cannot claim salary of the post of Sanitary Inspector. I have heard learned counsel for the parties and perused the entire pleadings of the case. Admittedly, petitioner was substantively appointed on the post of Jamadar thereafter on 7th April, 1999 Annex.3 was issued by the Mahapour providing urgent temporary appointment to the petitioner on the post of Sanitary Inspector in the - 5 - pay scale of Rs.5000-8000 for one year but there is no material on record to show that this order was extended at any point of time. Further, it is clear from perusal of Rule 27 of the Rules of 1963 that there is no provision for extending the term of appointment made on urgent temporary basis beyond one year. Therefore, even if the appointment of petitioner on the post of Sanitary Inspector is treated to be a legal one then also on the strength of order dated 7th April, 1999 petitioner cannot claim relief beyond one year. It is also apparent from perusal of Rules of 1963 that appointment on the post of Sanitary Inspector is to be made from the feeder post of Assistant Sanitary Inspector and petitioner was substantively appointee of the post of Jamadar. In these circumstances, I am of the opinion that petitioner cannot claim salary of the post of Sanitary Inspector beyond one year. In this view of the matter, respondent-Municipal Corporation, Jodhpur is directed to make payment of salary to the petitioner of the post of Sanitary Inspector only for one year from 7th April, 1999 to 6th April, 2000. Since there is no further extension of his appointment as Sanitary - 6 - Inspector, so also Rule 27 of the Rules, 1963 does not provide for any extension beyond one year, therefore, there is no force in the writ petition and the same is hereby dismissed. No order as to costs. (GOPAL KRISHAN VYAS), J. pankaj Baweja