Rajasthan High Court - Jaipur
Ratan Lal vs State And Ors on 26 April, 2013
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.3753/2007. Ratan Lal Vs. State of Rajasthan & Ors. Date of Order:- April 26, 2013. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Manoj Pareek for the petitioner. ******* BY THE COURT:-
This petition has been filed with the prayer that respondents be directed to consider his case for regularization on the post of Fireman.
Facts as stated in the writ petition are that petitioner was initially appointed on the post of Sweeper by order of the Municipal Board Chomu dated 6/8/1977. He was thereafter assigned the work of Naka Guard in 1984 and when octroi was abolished, this post of Naka Guard was also abolished on 1/8/1998. It was thereafter that the Municipal Board Chomu vide Resolution dated 20/10/1999 sent the petitioner for undertaking training of Fireman. Petitioner was relieved vide order dated 16/9/2000 for undertaking the training of Fireman. Petitioner undertook the training on 18/9/2000, copy of which has been placed on record. Since then, petitioner is discharging his duties of Fireman. Learned counsel for the petitioner has invited the attention of the court towards the Rajasthan Municipal (Subordinate and Ministerial Service) (Amendment) Rules, 2008 promulgated vide notification dated 17/9/2008 whereby, proviso was added in Rule 8 of the Rajasthan Municipal (Subordinate and Ministerial Service) Rules, 1963, which reads as under:-
Provided also that if request is made by person having eight years experience on the post of Class IV and confirmed under the Rajasthan Municipalities (Class IV) Service Rules, 1963 and is having necessary qualification and training of Fireman, the Board may refer his application along with its view to the Commission for adjudging his suitability on the post of Fireman. The Commission after considering the recommendation of the Board and service record shall adjudge suitability of the applicant and if he is found suitable then he shall be appointed on the post of Fireman by the Appointing Authority.
Learned counsel for the petitioner has submitted that similar is the case of the petitioner, which ought to be considered by the Municipal Board while forwarding his case to the Commission for adjudging his suitability to the post of Fireman for the purpose of regularization. Learned counsel for the petitioner has also cited the Division Bench judgment of this Court in Mohammad Saeed & Ors. Vs. Municipal Council, Tonk (SBCWP Nbo.3601/1996) decided vide order dated 1/9/2009, wherein directions were issued with regard to an employee of the Municipal Council.
Perusal of the aforesaid proviso clearly indicates that the Municipal Board is under an obligation to forward case of Class-IV employee, who is having experience of eight years on the post of Class-IV employee and confirmed under the Rules of 1963, who is having necessary qualification of Fireman for the purpose of adjudging his suitability by the Commission. In the present case, petitioner is not only working on the post of Workman with the respondents for last thirty six years but in fact he is discharging the duties of Fireman for thirty six years upon having been sent for training by the Municipal Board.
In the result, the writ petition is allowed. The respondent-Municipal Board, Chomu is directed to forward the case of the petitioner to the Commission for adjudging his suitability for regularization on the post of Fireman within a period of three months.
(MOHAMMAD RAFIQ) J.
Anil/19 All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed Anil Kumar Goyal Sr.P.A. Cum J