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1991 DIGILAW 709 (RAJ)

Mohan Lal v. State of Rajasthan

1991-09-13

G.S.SINGHVI

body1991
JUDGMENT 1. - Nine petitioners have filed this writ petition jointly with a prayer that a direction be issued to the respondents for regularisation of their services on the post of Class IV employees, with all consequential benefits. 2. The petitioners have been appointed as Class IV employees in the year 1986 on daily wage basis. Their services were terminated by orders dated 6.3.87 and 16.4.1987. Against their termination of services, the petitioners filed DB Civil Writ Petition No.1273/87. The writ petition was accepted by the Division Bench and a direction was issued to the respondents to reinstate the petitioners back in service with all consequential benefits. The petitioners thereafter filed D.B.Civil Writ Petition No.364/89 with a prayer that the respondents be directed to pay them salary in the regular pay scale. This writ petition was allowed by the Division Bench vide order dated 28.4.1989 and the - petitioners have been granted regular pay scale of the post of Class IV employee w.e.f: 23.12.1988. Some other Class IV employees filed a writ petition through Union, which was registered as S.B. Civil Writ Petition No.437/86, Rajasthan State Lotteries Work Charge Union v. State of Rajasthan and others with a prayer that their services may be regularised as Class IV employees. This writ petition was allowed by this court and a direction was given to the department to create posts for those persons and accordingly the posts have been sanctioned and those persons were given regular appointment vide order dated 7.4.88. 3. Petitioners have stated that they have worked for about 4 years and are discharging the duties which are being discharged by the similarly situated employees, but they have not been given the benefits of P.L., C.L. Medical Leave etc. The petitioners have also stated that to have a right of absorption in regular cadre. 4. The writ petition was admitted on 22.2.91 and it was made clear that the case be listed for final hearing immediately after service of notice. Notices have been served on the respondents by 22.4.1991. Thereafter almost 5 months have elapsed. However, no reply has been filed by the respondents. 5. 4. The writ petition was admitted on 22.2.91 and it was made clear that the case be listed for final hearing immediately after service of notice. Notices have been served on the respondents by 22.4.1991. Thereafter almost 5 months have elapsed. However, no reply has been filed by the respondents. 5. From a perusal of the writ petition, it is clear that for last about 4 years each of the petitioner is working as Class IV employee and they are being paid salary in the regular pay scale by being fixed at the minimum of pay scale as per the direction of the court. Learned counsel for the petitioner has placed reliance on the decision of this court in Smt. Gulab Devi v. State of Rajasthan and ors. He has argued that in the light of the principle laid down in Gulab Devi's case, the petitioners are entitled to be regularised in service. 6. In Gulab Devi's case, a laerned Single Judge of this court has placed reliance on Bhagwati Prasad v. Delhi State Mineral Development Corporation, 1990 (1) SCC 361 wherein it has been observed as under: "In our view three years' experience, ignoring artificial break in service for short period/periods created by the respondents, in the circumstances, would be sufficient for confirmation. If there is a gap of more than three months between the period of termination and re-appointment that period may be excluded in the computation of three years period." 7. Learned Single Judge of this court granted relief to the petitioner in those cases by ordering regularisation of their services on the premise that they have completed 3 years service. In the present case, the petitioners have complete about 4 years' service. They are continuously serving the respondents and the work against which they are serving is of permanent nature. 8. Consequently, the writ petition is allowed. Respondents are directed to regularise the services of the petitioners by passing appropriate order within 2 months. Petitioners will thereafter be entitled to all consequential benefits.No order as to costs.Writ Petition Allowed. *******