RAMESH KUMAR SHARMA VS. STATE OF RAJASTHAN & ORS. (D.B.CIVIL SPECIAL APPEAL(W) NO.3479/09) 1 RAMESH KUMAR SHARMA VS. STATE OF RAJASTHAN & ORS. (D.B.CIVIL SPECIAL APPEAL(W) NO.215/09) Dated:- 25.02.2009. HON'BLE MR.JUSTICE A.M.KAPADIA HON'BLE MR.JUSTICE SANGEET LODHA Mr.V.K..Sharma, for the appellant. 1. Heard learned counsel for the appellant. 2. This special appeal is directed against order dated 8.12.08 passed by the learned Single Judge of this court whereby the writ petition preferred by the appellant assailing the validity of order dated 11.5.07 passed by the Director, Animal Husbandry, Government of Rajasthan, Jaipur appointing the appellant on the post of Live Stock Assistant afresh and fixing his pay at Rs.3,950/- in the pay scale 4000-6000 , stands dismissed. 3. The brief facts in nutshell are that the Directorate of Animal Husbandry issued an advertisement dated 6.2.03 inviting application for appointment on the post of Live Stock Assistant against 500 existing vacancies on consolidated salary of sum of Rs.3,000/- for a period of two years. The appellant applied for the post and was selected and in consequent thereto he was accorded appointment on the said post vide order dated 31.1.04 for a period of two years on consolidated salary Rs.3,000/- per month. RAMESH KUMAR SHARMA VS. STATE OF RAJASTHAN & ORS. (D.B.CIVIL SPECIAL APPEAL(W) NO.3479/09) 2 4. Thereafter, the respondents initiated the regular process of selection vide notification dated 20.1.06/13.3.06 . The appellant applied for the post and on being selected, was accorded appointment vide order dated 11.5.07 on probation in the regular pay scale admissible to the post i.e. 4000-6000 and was fixed at Rs. 3950/-. 5. The appellant assailed the validity of the aforesaid order by way of writ petition before this court on the ground that he had already worked on the post of Live Stock Assistant for a period of two years under the order dated 31.1.04 therefore, while making regular appointment , he could not have been fixed in the regular pay scale at RS. 3950/- w.e.f. 11.5.97 . It was contended that the appointment accorded vide order dated 11.5.07 being in continuity of the earlier appointment made under the order dated 31.1.04 , the appellant was required to be treated as in employment of the respondent as Live Stock Assistant from the date he joined service in pursuance of the order dated 31.1.04 and accordingly, was entitled to be fixed in the regular pay scale admissible to the post w.e.f. 31.1.04. 6. Per contra, it was contended on behalf of the respondent before the learned Single Judge that the appointment of the appellant under the order dated 31.1.04 was not on regular basis but on consolidated salary for a period of two years therefore, RAMESH KUMAR SHARMA VS. STATE OF RAJASTHAN & ORS. (D.B.CIVIL SPECIAL APPEAL(W) NO.3479/09) 3 the term of the appointment under the said order cannot be treated as regular service and consequently, the appellant cannot be treated to be in continuous service on the said post w.e.f. 31.1.04. That apart, it was submitted that since the appointment on the post of Live Stock Assistant on the regular basis has been accorded to the appellant vide order dated 11.5.07 therefore, as per the Schedule VI of the Rajasthan Civil Services(Revised Pay Scale) Rules, 1998 as amended vide Rajasthan Civil Services (Revised Pay Scales) (First Amendment), Rules, 2006 , the appellant was rightly fixed at Rs.3,950/- in the pay scale of 4000-6000. 7. The learned Single Judge arrived at the finding that since the regular appointment on the post of Live Stock Assistant was accorded to the appellant under order dated 11.5.07 therefore, he has rightly been fixed at Rs.3950/- in the regular pay scale of Rs.4000-6000. The learned Single Judge opined that the services rendered by the appellant prior to his regular appointment cannot be regularised. Consequently, the writ petition preferred by the appellant has been dismissed by the order impugned in this appeal. 8. Admittedly, the appointment accorded to the appellant on the post of Live Stock Assistant against the existing vacancies vide order dated 31.1.04 was for a period of two years on RAMESH KUMAR SHARMA VS. STATE OF RAJASTHAN & ORS. (D.B.CIVIL SPECIAL APPEAL(W) NO.3479/09) 4 consolidated salary Rs.3000. It is not even the case of the appellant that he was appointed on the said post vide order dated 31.1.04 after regular process of selection. It is not in dispute that after regular process of selection, the appellant has been accorded appointment vide order dated 11.5.07 therefore, he cannot claim fixation of his pay in the regular pay scale admissible to the post w.e.f. 31.1.04. The services rendered by the appellant in terms of the order dated 31.1.04 cannot be counted as regular service. The appellant cannot claim the regularisation of the services rendered by him under the order dated 31.1.04 on the strength of his subsequent regular selection. To say the least, the claim of the appellant is absolutely devoid of any merit. 9. For the aforementioned reasons, we do not find any error in the order impugned passed by the learned Single Judge warranting interference by us in this intra court appeal. 10. In the result, the special appeal fails, it is hereby dismissed. No order as to costs. (SANGEET LODHA),J. (A.M.KAPADIA),J. Aditya/-