1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Kishore Singh Vs. State of Rajasthan & Ors. S.B.CIVIL WRIT PETITION NO.4910/2006 DATE OF ORDER :: May 03, 2007 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.Girish Sankhala, for the petitioner. Mr.Rameshwar Dave, Dy.G.A. Mr.Yashwant Mehta, for respondent No.3, Municipal Board, Pali. BY THE COURT: By this writ petition, the petitioner seeks to quash the order Annexure-2 dt. 10.11.1999 and a direction to respondent No.3, Municipal Board, Pali to absorb him on the post equivalent and corresponding to the post held by him. I have heard learned counsel for the parties. Facts giving rise to the instant writ petition are that the petitioner was initially appointed as Sub Nakedar by respondent No.3 on 1.2.1980. Thus, the initial appointing authority of the 2 petitioner is respondent No.3, Municipal Board, Pali. The services of the petitioner are governed by Rajasthan Municipalities (Subordinate & Ministerial Staff) Service Rules, 1963 (for short `the Rules of 1963' hereinafter). By the order of respondent No.3 dt. 25.10.1999, on abolition of octroi, the petitioner was sent on deputation on the basis of secondment and was appointed as a Gram Sewak-cum- Ex-officio Secretary, Panchayat Samiti, Raniwara, District Jalore. In the order dt. 25.10.1999 Annexure-1, it has been mentioned that the deputation on the basis of secondment will remain till further orders of the State Government. In compliance of the order Annexure-1, the petitioner was directed to join the duties to the Panchayat Samiti allotted i.e. Panchayat Samiti, Raniwara vide order dt. 10.11.1999 and 9.11.1999 Annexure-2 and 3 respectively. The petitioner has been working as Gram Sewak- cum-Ex-officio Secretary with Panchayat Samiti, Raniwara, District Jalore for some period and, thereafter to Panchayat Samiti, Raipur, District Pali and Panchayat Samiti, Rohat District Pali for the period mentioned in para 6 of the writ petition. The petitioner submitted various representations to the respondents to send him back to his parental department i.e. Municipal Board, Pali, respondent No.3 showing his unwillingness to go on deputation on the basis of secondment in Panchayati Raj 3 Department and stated that the respondent State Government has no power to change his employer without his consent and the petitioner had never consented for such a change of employer and on these premises, the petitioner seeks a direction to respondent No.3 to absorb him. A reply to the writ petition has been filed by the respondents except respondent NO.3, Municipal Board, Pali stating therein that by a notification dt. 31.7.1988 after abolition of octroi, the Chungi employees were declared surplus, however, firstly they were absorbed in the Municipalities on various posts and remaining surplus employees were absorbed in the Gram Panchayat. As many as 12 employees including the petitioner were absorbed in Panchayat Samiti, Raniwara vide order dt. 25.10.1999. It is further submitted that in compliance of the order dt. 22.3.2000 referred in para No.5 of the writ petition, the Chungi employees could not be absorbed in the Municipal Board and, therefore, they were absorbed in Panchayat Samiti, Raniwara and lastly it has been submitted that the services of the petitioner have been transferred to Panchayat Samiti and, therefore, did not hold the lien at Municipal Board, Pali. Learned counsel appearing for the Municipal Board does 4 not dispute the Annexure-7 issued by the Municipal Board, Pali dt. 7.6.2003 stating therein that the present petitioner is presently working on the basis of secondment as Gram Sewak- cum-Ex-officio Secretary, Panchayat Samiti, Rohat. There is a vacant post of fireman, which is equivalent to Sub-Nakedar available with the Municipal Board, Pali and in view of the decision of this Court dt. 26.4.2001 in S.B.Civil Writ Petition No.4574/1999, petitioner Kishore Singh can be transferred on the vacant post of fireman and if he is transferred, the Municipal Board has no objection. This Court, in Chungi Karmchari Sangh vs. State of Rajasthan & ors., S.B.Civil Writ Petition No.4574/1999 and 14 others decided on 26.4.2001, on similar facts, directed the Municipal Corporation, Jodhpur to absorb its employee in the House Tax Cell so as to increase collection of house tax amount. This Court ordered that the respondent shall consider the staff of the respective municipalities attached with the octroi on the respective equivalent/equated posts. It was further ordered that those persons, who have joined as Gram Sewak cum Secretary may be continued as such but shall not be absorbed permanently and their cases shall also be considered in their respective municipalities as and when vacancies are there. Therefore, since the Municipal Board, Pali vide Annexure-7 dt. 7.6.2003 admitted that there is a post of fireman equivalent to that of Sub Nakedar and, therefore, in view of decision of this 5 Court in Chungi Karmchari Sangh vs. State of Rajasthan & Ors. (supra), the petitioner deserves similar treatment. In this view of the matter, respondent No.3, Municipal Board, Pali is directed to consider the case of the petitioner, who was originally attached with the octroi in the said Municipality on the equivalent post as admitted by the respondent No.3 that the post of fireman is vacant, which is equivalent to that of Sub Nakedar, and pass an appropriate order. With these directions, the writ petition stands disposed of. There shall be no order as to costs. [H.R.PANWAR],J. m.asif/-