Rajasthan High Court - Jodhpur
Dinesh Kumar Joshi vs Jodhpur Vidyut Vitaran Nigam Ltd. ... on 9 May, 2023
Bench: Vinit Kumar Mathur
[2023/RJJD/014143]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Civil Writ Petition No. 17518/2022
Dinesh Kumar Joshi S/o Late Shri Trilok Chand Joshi, Aged About
39 Years, R/o Merta Road, Behind Khatriyon Ka Bangla, Hari
Nagar, Jaitaran, District Pali.
----Petitioner
Versus
1. Jodhpur Vidyut Vitaran Nigam Ltd., New Power House
Road, Jodhpur through the Secretary (Admn.)
2. The Superintendent Engineer, Jodhpur Vidyut Vitaran
Nigam Ltd. Pali.
3. Assistant Engineer (O And M), Jodhpur Vidyut Vitaran
Nigam Ltd. Merta Road, Jaitaran, District Pali.
----Respondents
For Petitioner(s) : Mr. Naresh Singh.
For Respondent(s) : Ms Sapna Vaishnav.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
09/05/2023
Heard.
The present writ petition has been filed for the following
relief:
"It is, therefore, most respectfully prayed that
this writ petition may kindly be allowed with costs and
by issuing an appropriate writ, order or direction, the
respondents may be directed to give appointment to the
petitioner on compassionate ground on the post of LDC
with all consequential benefits from the date he was
initially appointed as Helper-I i.e. (Annex.4) and in the
alternate on the post of equal to Class-IV employee and
on his completion of three years service, he may be
appointed to the post of LDC with all consequential
benefits as per resolution No.102.17 with all
consequential benefits including seniority and further
promotion".
[2023/RJJD/014143] (2 of 4) [CW-17518/2022]
Briefly the facts necessary to be narrated in the present case
are that father of the petitioner Late Shri Trilok Chand Joshi while
working on the post of Meter Reader in the respondent
department died on 01.09.2006. The petitioner was appointed on
the post of Helper Grade-I on compassionate ground under the
Rajasthan Compassionate Appointment of Dependents of
Deceased Government Servant Rules, 1996 vide order dated
05.12.2006. Thereafter, petitioner was promoted to the post of
Lineman Grade-II vide order dated 10.02.2021.
The precise grievance of the petitioner is that he should have
been appointed on the post of LDC instead of Helper Grade-I as he
was having the requisite qualification for the same and therefore,
the appointment granted to him on the post of Helper Grade-I was
not correct. He submits that by virtue of appointment on the post
of Helper Grade-I, prospectus of the petitioner of being appointed
to the post of LDC has come to an end. He also submits that other
similarly situated persons who were appointed on the post of
Class-IV employees are now being promoted to the post of LDC.
He, therefore, prays that initial appointment of the petitioner on
the post of Helper Grade-I may be converted to the post of LDC
and thereafter, the petitioner should be further promoted in
accordance with law.
I have considered the submissions made at the bar and also
gone through the relevant record of the case.
The petitioner's father who was working on the post of Meter
Reader died on 01.09.2006 and the petitioner applied for
appointment under the Rules of 1996. The respondent department
appointed the petitioner on the post of Helper Grade-I vide order
[2023/RJJD/014143] (3 of 4) [CW-17518/2022]
dated 05.12.2006. The petitioner enjoyed the fruits of
appointment on the post of Helper Grade-I till the year 2022 and
all of a sudden, he has assailed validity of the appointment
granted to him stating that since he was qualified to hold the post
of LDC, therefore, grant of appointment to the petitioner on the
post of Helper Grade-I was not correct.
In the opinion of this court the 'U' turn taken by the
petitioner is not sustainable in the eye of law for the reason that if
a person like the petitioner who has accepted the appointment
granted to him by the department and has continued the same for
more than 16 years, it is not open for the petitioner to approach
this court and say that he should have been granted appointment
on the post of LDC instead of Helper Grade-I. This court is also of
the view that to challenge the appointment order issued on
05.12.2006 after a delay of about 17 years is unexplained,
therefore, entertaining this writ petition will be nothing but an
abuse of process of law. The examples cited by the petitioner are
wholly irrelevant for the simple reason that those persons qua
whom the petitioner is claiming parity were appointed as Class-IV
employees and as per their channel of promotion, they have been
promoted to the post of LDC. The petitioner will be considered for
promotional post only in the channel in which he is working and
the promotional posts which are provided under the rules.
The judgment dated 26.04.2023 rendered by this court at
Jaipur Bench in S.B.Civil Writ Petition No.4176/1998 (Ashish
Arora V/s Rajasthan State Electricity Board) and other
connected matter is clearly distinguishable in the facts and
circumstances of the present case.
[2023/RJJD/014143] (4 of 4) [CW-17518/2022]
The argument advanced by learned counsel for the petitioner
that he was not in a position to refuse the appointment granted to
him by the respondents, is an afterthought for the simple reason
that if the petitioner has enjoyed the fruits of that appointment for
almost 17 years, at this point of time, the petitioner cannot be
permitted to say that he was wrongly appointed by the respondent
department on the post of Helper Grade-I. Even otherwise also, it
is a settled law that the petitioner cannot ask for a post of his
choice while getting appointment under the Rules of 1996. For the
grant of compassionate appointment, the choice of post cannot be
asked for and he can only claim to be considered as held by the
Hon'ble Supreme Court in the case of State of Madhya Pradesh
& Others v/s Ramesh Kumar Sharma (1994) Supp. (3) SCC
Therefore, in view of the discussions made above, no relief
can be granted to the petitioner at this stage. The writ petition
lacks merit, the same is hereby dismissed.
(VINIT KUMAR MATHUR),J
20-AnilSingh/-
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