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Rajasthan High Court · body

1989 DIGILAW 507 (RAJ)

Ghanshyam Saini v. State of Rajasthan

1989-07-21

D.L.MEHTA

body1989
JUDGMENT 1. - Heard learned counsel for the parties. Perused the writ petition and the documents. 2. Petitioners are the IVth Class employees employed in the Education Department. 3. On behalf of the respondents in ground (e) it was submitted that there are no regular vacancies available, as such, the petitioners cannot be made regular. It was further submitted that in the absence of the regular posts or say substantive posts of Class IV servants, which is due to financial crisis in the State, the petitioners cannot be made regular and hence, they cannot be granted regular pay-scale of Class IV employees. It is for the employer to choose whether to engage a person or not or appoint a person or not. The financial crisis of the State has to be considered at the time of appointment and no remedy is available after the appointment. 4. In the result, the writ petition is accepted. Petitioners will be entitled to get the salary of the Peon from 27.2.89, i.e. from the date of filing of the writ petition. They will also be entitled to get dearness allowance and other allowances which are permissible to them excluding the compensatory allowance. Payments should be made within three months from today. In case the payment is not made within three months, State will be liable to pay interest @ 12% p.a. If thought proper the amount of interest should be realised from the person who is negligent in the discharge of his duties.Petition Dismissed. *******