1 S.B. CIVIL WRIT PETITION NO.11739/2009 Narendra Kumar Joshi Vs. State of Rajasthan and Ors. DATE OF ORDER : 17.12.2009. HON'BLE MR. GOVIND MATHUR, J. Mr. M.S. Purohit, for the petitioner. By this petition for writ a direction is sought by the petitioner for the respondents to grant relaxation as per provisions of Rule 13(2) of the Rajasthan Municipalities (Subordinate and Ministerial Services) Rules, 1963 (for short 'the Rules of 1963' hereinafter) nd further to appoint him as Assistant Sanitary Inspector w.e.f. 4.1.1973. The factual matrix of the case is that the petitioner entered in service of the Municipal Council, Bikaner on 12.11.1970 as Jamadar and then he was appointed as Assistant Sanitary Inspector vide order dated 4.1.1973 (Annex.-1). As per Rules of 1963, appointment to the post of Assistant Sanitary Inspector is required to be made by way of direct recruitment and promotion with a ratio of 1:1. From recital of the order Annexure-1, it is apparent that appointment of the petitioner was only on urgent temporary basis and not on regular basis. The claim made by the petitioner for appointing him as Assistant 2 Sanitary Inspector w.e.f. 4.1.1973 by granting relaxation shall be nothing but violation of provisions of the Rules of 1963. If the petitioner is continuing as Assistant Sanitary Inspector in pursuant to the order dated 4.1.1973, then that too is bad in the eye of law as the appointment so made was only for a year and so far as regular appointment is concerned that could have been made only as per rules. In view of whatever said above, I do not find any merit in this petition. Accordingly, the same is dismissed. (GOVIND MATHUR)J. rm/