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2010 Supreme(Raj) 1317

MOHAMMAD RAFIQ
Mahesh Chandra Sharma – Appellant
Versus
State – Respondent


Advocates:
For the Petitioner:Sandeep Sexena, Advocate.
For the State: S.D. Khaspuria, Addl. Govt. Counsel.
For the Respondents:Vijay Jangid, Advocate.

JUDGMENT

1. - The writ petitioner Shri Mahesh Chandra Sharma has approached this Court aggrieved by the order dated 20.6.1996 whereby he was reverted from the post of Head Clerk to that of UDC by the Executive Engineer, Municipal Board, Rajgarh.

2. Shri Sandeep Saxena, learned counsel for the petitioner has argued that the petitioner was initially appointed as LDC after his regular appointment in Municipal Board, Rajgarh on 13.1.1977. He was confirmed on the post of LDC vide order dated 7.12.1998. He was then promoted on ad hoc basis on the post of UDC by order dated 28.2.1980 and the term of his appointed was extended from time to time. He was further promoted to the post of Head Clerk, which post was later designated as Office Assistant vide order dated 21.7.1987 with effect from 1.1.1987. It is contended that two posts of UDC and one post of Office Assistant were sanctioned in the staffing pattern of the Municipal Board, Rajgarh and that the petitioner was senior most UDC in that Board. Promotion to the post of Head Clerk and UDC under the Rajasthan Municipal (Subordinate & Ministerial Service) Rules, 1963 (for short- the Rules of 1963) are made from the lower cadre and method of













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