Rajasthan High Court - Jaipur
Pooja Meena Wife Of Sh. Chandra Mohan ... vs State Of Rajasthan on 27 August, 2019
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13283/2019
1. Pooja Meena Wife Of Sh. Chandra Mohan Meena, Aged
About 36 Years, By Caste Meena Resident Of A-3,
Kalptaru Residency, Nehru Nagar, Panipech,
Jaipur(Rajasthan).
2. Sita Verma Wife Of Sugan Chand Meghwanshi, Aged
About 35 Years, By Caste Verma Presently Posted At
Secretary, Ajmer Municipal Corporation, Ajmer.
3. Kirti Kumawat Wife Of Sh. Ved Prakash, Aged About 44
Years, Presently Posted As A Executive Officer -Ii Resident
Dhani Balodiya, Village Hirnauda, Tehsil Phulera, Jaipur.
4. Rinkal Gupta Wife Of Dr. Akhil Agrawal, Aged About 38
Years, Resident Of K-3, New Jawahar Nagar, Kota.
5. Dayawanti Saini Wife Of Sh. Dinesh Ajmera, Aged About
38 Years, Resident Of Plot No. 83, Royal Park, Raypura,
Kota.
----Petitioners
Versus
1. State Of Rajasthan, Through Principle Secretary,
Department Of Personnel, Government Of Rajasthan,
Government Secretariat, Jaipur.
2. State Of Rajasthan Through Principle Secretary, Local Self
Department, Government Of Rajasthan, Government
Secretariat, Jaipur.
3. Director Cum Joint Secretary, Local Bodies, G-3, Rajmahal
Residency, Near Civil Line Phatak, Jaipur.
4. Additional Director, Local Bodies, Office Of Director, Local
Bodies, G-3, Rajmahal Residency, Near Civil Line Phatak,
Jaipur.
----Respondents
For Petitioner(s) : Mr.Bhupendra Pareek For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order (Downloaded on 31/08/2019 at 09:04:35 PM) (2 of 6) [CW-13283/2019] 27/08/2019 By this writ petition, the petitioners have made following prayers :
"(i) to conduct the promotional channel for the post of commissioner from Executive Officer - II according to the rules and Act of 2009 and further be direct to the respondent that person may be posted accordingly to the rules and regulation under the rule and also to follow the staffing pattern according to the rules of Act of 2009.
(ii) to further hold the petitioners entitled to hold the post of commissioner and the other below cadre persons may be restrain to posted him on the post of Executive Officer - II or on the post of commissioner and respondent may be directed or restrain him to appoint the below cadre persons or technical staff on the post of Rajasthan Nagar Palika Administrative Services."
Learned counsel for the petitioners Mr.Bhupendra Pareek submitted that all the petitioner were initially appointed as Executive Officer - IV and they have further been promoted Executive Officer - II.
Learned counsel submitted that ineligible persons are being posted on the post of Executive Officer - II or Executive Officer - III.
Learned counsel submitted that staffing pattern is not being followed by the respondents and in gross violation of the provisions contained in the Rajasthan Municipalities Act, 2009 (for short "the Act of 2009"), the respondents are posting the persons, affecting chances of the petitioners of their posting as Executive Officer - II or on further post. (Downloaded on 31/08/2019 at 09:04:35 PM)
(3 of 6) [CW-13283/2019] Learned counsel for the petitioners submitted that Section 332 of the Act of 2009 provides for Rajasthan Municipal Administrative Services and as per Sub-section (2) of Section 332, all the officers and servants appointed under Sections 333 or 335 or under any other provisions of this Act, shall be subordinate to the Chief Municipal Officer, Commissioner and Executive Officer respectively in Municipal Corporation, Council and Municipal Board.
Learned counsel submitted that the respondents at times have posted the persons, who are working as Tax Assessor and charge of Executive Officer has been given to them.
Learned counsel further submitted that the employees, who are appointed in technical services as provided under Section 333 of the Act of 2009, cannot assume the role of the members of administrative service as provided under Section 332 of the Act of 2009.
Learned counsel further submitted that while posting the persons on the post of Executive Officer, the respondents have violated the statutory rule of posting such persons and as such, undue favour has been shown to the Members of Technical Services by occupying the post meant in the Municipal Administrative Service.
This Court asked learned counsel for the petitioners with respect to cadre of the present petitioners and how they are governed in respect of their service conditions.
Learned counsel for the petitioners submitted that though Rajasthan Municipal (Administrative and Technical) Service Rules, 1963 (for short "the Rules of 1963") govern service conditions of the petitioners, as they all are Executive Officers, however, after the Act of 2009, being introduced, the petitioners (Downloaded on 31/08/2019 at 09:04:35 PM) (4 of 6) [CW-13283/2019] are required to be treated as Member of the Rajasthan Municipal Administrative Service and the petitioners, being Executive Officer, cannot work in subordination to the Members of Rajasthan Municipal Technical Service.
This Court finds that Section 332 of the Act of 2009 provides that the State Government shall appoint certain officers in Municipal Corporation, Municipal Council and Municipal Board and they will be known as Chief Municipal Officer, Commissioner and Executive Officer respectively.
This Court deems appropriate to quote Sections 332 and 333 of the Act of 2009 for ready reference :
"332. Rajasthan Municipal Administrative Service. - [(1) Subject to the forgoing provisions of this Chapter and the rules made under Section 337 or any other provision of this Chapter, the State Government shall appoint-
(i) one Chief Executive Officer for every Municipal Corporation;
(ii) such number of Commissioners for every Municipal Corporation and Municipal Council as may be determined;
(iii) an Executive Officer for every Municipal Board;
(iv) a Secretary for every Municipal Corporation or Municipal Council which resolves to appoint a Secretary in addition to the Commissioner, and
(vi) any other administrative officer by any name and designation as deemed necessary.
(2) All officers and servants appointed under Section
333 or 335 or under any other provisions of this Act shall be subordinate to the Chief Municipal Officer, Commissioner and Executive Officer respectively in Municipal Corporation, Council and Municipal Board. (Downloaded on 31/08/2019 at 09:04:35 PM)
(5 of 6) [CW-13283/2019] (3) In addition to any duties imposed upon or delegated to him by or under this Act, a Chief Municipal Officer [*****] shall, subject to the [overall control of the Chairperson and general or special orders of the State Government in this behalf]-
(a) watch over the financial and executive municipal administration of the Municipality,
(b) take prompt steps to remove any defect or irregularity brought to his notice in the course of the audit of the municipal accounts or pointed out in the audit report,
(c) report all cases of fraud, embezzlement, theft or loss of municipal money or property,
(d) supply any return, statement, account or report or any other document in his charge or a copy thereof requisitioned by the Corporation or Council or Board, and
(e) make an explanation in regard to subject under discussion at a meeting thereof but not vote 'upon' or make any proposition thereat.
333. Rajasthan Municipal Technical Service.- (1) Subject as aforesaid the State Government may, if it thinks necessary, appoint health officer, municipal engineer, not below the rank of assistant engineer, revenue officer, assessor, senior accounts officer, accounts officer, assistant accounts officer, chief fire officer, fire officer, law officer or any other officer for the performance of such special or technical duties under this Act as may be prescribed.
(2) Work distribution amongst the officers appointed under this Section shall be done by the [Chief Municipal Officer] with the approval of the Chairperson."
Bare perusal of Section 332 of the Act of 2009 reveals that the State Government has power to appoint the Executive Officers and further, such persons, who are appointed under Section 332 (Downloaded on 31/08/2019 at 09:04:35 PM) (6 of 6) [CW-13283/2019] of the Act of 2009 and the persons, who are appointed under Section 333 of the Act of 2009 are subject to subordination of the Chief Municipal Officer, Commissioner and Executive Officer respectively in Municipal Corporation, Council and Municipal Board respectively.
This Court finds that once the petitioners are Members of Rajasthan Municipal (Administrative and Technical) Service Rules, 1963, no grievance can be allowed to be raised by them against the persons, like Tax Assessors, who are posted in their place and as such, the petitioners are not denuded of their powers to function as Executive Officers.
This Court also finds that staffing pattern has also been provided by the State Government by issuing Notifications from time to time and further in Technical Services, not only the post of Executive Officer - II but the other posts are also provided like Revenue Officer, Junior Engineer, Health Officer Grade - II.
This Court finds that grievance, which has been raised by the petitioner is not founded on any legal premise and as such, the petition does not require any interference and accordingly, the same is dismissed.
(ASHOK KUMAR GAUR),J Preeti Asopa/81/104 (Downloaded on 31/08/2019 at 09:04:35 PM) Powered by TCPDF (www.tcpdf.org)