1 D.B. CIVIL SPECIAL APPEAL NO.1120/2000 Rajendra prasad Gharu Vs. Municipal council, jodhpur & Anr. Date of Order : 18.8.2008. HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE SANGEET LODHA Mr. A.K. Choudhary, for the appellant. Mr Manoj Bohra, for the respondents. This special appeal is directed against the order dated 14.9.2000 passed by the learned Single Judge, whereby the writ petition preferred by the petitioner, assailing the validity of the order dated 23.11.1991 (Annexure-7), reverting him from the post of Assistant Sanitary Inspector to the post of Peon has been dismissed. From the material on record, it appears that in the first instance, the petitioner was promoted from the post of Peon to the post of Assistant Sanitary Inspector on ad hoc basis for a period of one year under Rule 27 of the Rajasthan (Subordinate & Ministerial Service) Rules, 1963( in short “the Rules of 1963” hereinafter). Since, as per Rule 27 of the Rules of 1963, the ad hoc appointment accorded cannot be continued beyond the period of one year therefore, vide order dated 5.11.86, the petitioner was reverted to the post of Peon. The validity of the aforesaid reversion order dated 5.11.86 was assailed by the petitioner by way of Writ Petition 2 No.2557/86, which was rejected by this Court vide order dated 20.7.87. It appears that during the pendency of the writ petition , the petitioner continued in service on the post of Assistant Sanitary Inspector on strength of interim order passed by this Court , however, after rejection of the writ petition as aforesaid vide order dated 23.11.91, the petitioner was again reverted to the post of Peon. The learned Single Judge has found that the post of Assistant Sanitary Inspector is to be filled up by considering the eligible Jamadars having satisfactory service of minimum 5 years , therefore, the competent authority ought to have considered to make promotion in substantive capacity strictly in accordance with law. As per the provisions of Rules of 1963, the vacancies of the posts of Assistant Sanitary Inspector belonging to the promotion quota are required to be filled in from amongst the eligible Jamadars having 5 years experience as Sanitary Jamadar. Therefore, the petitioner, who is holding the post of Peon thus, not a member of the feeding cadre, could not have been accorded promotion on the said post. It is contended by the learned counsel for the petitioner that on account of long continuance in service on the post of Assistant Sanitary Inspector, he has acquired the requisite experience of the post therefore, his services deserves to be regularised. The experience said to have acquired by the petitioner on the 3 basis of his continuance on the post of Assistant Sanitary Inspector on the strength of interim order passed by this Court cannot be made basis for regularization of his services on the said post. The regular posts in the cadre have to be filled up by selection in accordance with procedure laid down under the relevant recruitment Rules. The petitioner cannot claim promotion/ regularisation on the post of Assistant Sanitary Inspector de hors the Rules of 1963. The learned Single Judge has already issued appropriate directions to fill up the said post strictly in accordance with law within the stipulated period. In this view of the matter, we do not find any error in the order impugned passed by the learned Single Judge. In the result, the special appeal fails, it is hereby dismissed. (SANGEET LODHA),J. (NARAYAN ROY) C.J. Aditya