CW 9107/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.9107/2006 Bhanwar Lal Jat Versus State & Ors. Date of Order ::: 02/02/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Rajendra Soni, for petitioner. Mr. Pradip Kalwania, Addl. Govt. Counsel, for respondents Only grievance raised by petitioner is that though he is holding post of Chief Sanitary Inspector on ad hoc basis pursuant to order dt.19/07/07 but, respondents have failed to initiate process of regular selection for their promotion to the post of Chief Sanitary Inspector in accordance with provisions of Rajasthan Municipal (Subordinate & Ministerial Service) Rules, 1963 (“Rules, 1963”). Petitioner is holding substantive post of Sanitary Inspector Gr.I and has been promoted as Chief Sanitary Inspector on ad hoc basis against vacancy of year 2007-08 vide order dt.19/07/07. Post of Chief Sanitary Inspector is included in Schedule appended to Rules, 1963 – as per which sanitary inspector Gr.I and having seven year's experience are eligible for the post of Chief Sanitary Inspector. Petitioner is one of eligible candidates and that may be reason that he has been considered for promotion on ad hoc basis vide order dt.19/07/07 but CW 9107/06 //2// respondents have failed to make regular promotion in terms of Part V of Rules, 1963. As per R.10 of Rules, 1963, respondents are under obligation to determine vacancies at the commencement of each year and to fill up the same in accordance with recruitment procedure as provided under Schedule to Rules, 1963. Only grievance is that respondents failed to make regular promotion on the post of Chief Sanitary inspector, it is causing hardship to him. Even in the reply filed by respondents, it has been averred that matter of regular selection is in process and petitioner will be considered against vacant posts. A copy of the reply was made available to Counsel for petitioner way back on 01/05/07; and almost one and half years have rolled by, still respondents have failed to make regular promotion, to which they are under obligation to make appointment under scheme of Rules, 1963. Consequently, writ petition succeeds and is hereby allowed. Respondents are directed to make promotion to the post of Chief Sanitary inspector on regular basis after determination of vacancies in accordance with Rules, 1963. Respondents may ensure compliance of this order within four months. No costs. (Ajay Rastogi), J. K.Khatri/p.2/9107CW06dpc-2Fb.doc