1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :::: O R D E R Bharat Kumar Tepan Vs. Director, Lok Jumbish Parishad & Ors. S.B. CIVIL WRIT PETITION NO.2363/2002 UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. DATE OF ORDER :: 18th September, 2006 PRESENT HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Mr.I.R. Choudhary, Advocate for the petitioner. Mr.Rameshwar Dave, Dy.Govt. Advocate. Mr.D.S. Rajvi, Advocate for the respondents. BY THE COURT The petitioner has filed this writ petition with the prayer that the appointment of the respondent No.4 Shri Mahendra Kumar Adha on the post of Assistant Project Coordinator (Building) may be declared illegal and the same may be quashed and set aside and further prayed that the respondents be 2 directed to give appointment to the petitioner on the aforesaid post in respondent department. The petitioner while working on the post of Junior Engineer with Municipal Board, Jodhpur submitted an application pursuant to advertisement issued by respondent No.1 for appointment by way of deputation on the post of Assistant Project Coordinator (Building). Such appointment was proposed to be made from amongst those who were already in government service of (State/Central), Public Sector undertakings and Local Authorities. According to the petitioner he applied for appointment on the post of Assistant Project Coordinator (Building) on deputation in the office of District Project Coordinator, Rajsamand and was interviewed for that purpose on 08.11.2001. The respondents however appointed him on the post of Assistant Project Coordinator (Building), on which post he joined on 03.01.2002. The case of the petitioner is that inspite of the fact that the petitioner stood in merit at No.1 for appointment on the post of Assistant Project Coordinator (Building) which carried higher scale of pay of Rs.8000-13500/-, the respondents appointed him on an inferior post of Assistant Project Coordinator (Building) in the pay scale of Rs.6500-10500/-. They appointed respondent 3 No.4 Shir Mahendra Kumar Adha on the post of Assistant Project Coordinator (Building) even though neither he applied for such appointment in district Rajsamand nor did he face the interview on 08.11.2001. The respondents have contested the matter and argued that the respondent No.4 had also applied for appointment on the post of Assistant Project Coordinator (Building) but had given first preference for Pali district. In the select penal prepared for Pali his name was placed at serial No.1 whereas the name of the petitioner was at serial No.3 in the penal of Rajsamand district. It has been contended that the various schemes of the respondents were being run by one Director. The post of Assistant Project Coordinator (Building) was filled up by way of transfer/deputation and respondent No.4 could not be accommodated at Pali therefore he was posted at Rajsamand because selected candidates namely Sh.Nirmal Singh Meena and Sh. Shashi Mohan did not join. It has therefore been prayed that the writ petition may be dismissed. I have heard the arguments advanced by learned counsel for the parties and perused the records. Appointment in question was to be made on the basis of 4 deputation for a particular time period. The very fact that it was an appointment on deputation signifies that petitioner could not as a matter of right claim to be posted on deputation on the post of Assistant Project Coordinator (Building). Categorical stand of the respondents is that Shri Mahendra Kumar Adha (respondent No.4) was also selected for such appointment in district Pali and his name was there at serial No.1 in the select penal, but he could not be appointed at Pali. According to them, some other persons were appointed at Pali by way of transfer. The petitioner was placed at serial No.3 in the penal for appointment on the post of Assistant Project Coordinator (Building) at Rajsamand. The respondents considered Shri Mahendra Kumar Adha (respondent No.4) as more meritorious and appointed him on the post of Assistant Project Coordinator (Building) at Rajsamand. The respondents also at the same time appointed petitioner on deputation on the post of Assistant Project Coordinator (Building). The petitioner in para 5 of the writ petition has stated that he joined at Rajsamand on the post of Assistant Project Coordinator (Building) on 03.01.2002. Inspite of the fact that the petitioner was placed at serial No.3 in the select penal for district Rajsamand, the respondents offered to him appointment on the post of Assistant Project Coordinator (Building) which he accepted. They considered respondent NO.4 Mahendra Kumar Adha as more meritorious because he was at 5 serial No.1 in the select penal of district Pali. Period of deputation of both the petitioner as well as the respondent No.4 has since come to an end and they are reported to have been sent back to their parent department. In these circumstances, I do not find any good ground to interfere in the matter at this stage. The writ petition being devoid of merit is dismissed with no order as to costs. [MOHAMMAD RAFIQ],J. Ashwini/-