JUDGMENT 1. - The petitioners No. 1, Rajasthan Nahar Rashtriya Mazdoor Union is a union of the employees employed under the Government of Rajasthan in the Rajasthan Canal Project Command Area Development (R.C.P.) and is registered under the Unions Act, 1926. Petitioner No.2 is the Vice President of the aforesaid Union, who has been authorised by a resolution of the executive committee of the Union to file the writ petition. The writ petition has been filed for the visdication of the grievances of its members. 2. In brief, the present petition relates to work-charged employees of the Rajasthan Canal Project. It is alleged that work-charged employees are being appointed by the Government of Rajasthan in various departments including P.W.D. (B&R), Water Works, Irrigation, R.C.P. etc., and such work-charged employees are appointed for particular works, both original and maintenance. Their service conditions being of transitory nature are loss favourable to the employees in comparison to the regular Government servants. It was also stated in the petition that vide Annexure-2 and 3 the work-charged employees in P.W.D. (B&R), excluding Gardens PWD, and the work-charged employees in the Irrigation Department, who had completed 10 years continuous service on 31.3.70 and 31.3.72 respectively were given regular cadre. In these orders it was mentioned that they will be governed by the rules applicable to regular Government employee as amended from time to time and the permanent work-charged employees presently covered under the Contributory Provident Fund Scheme, and who were taken on regular cadre, shall be allowed to contribute to the fund, or opt for the pensionary benefits under the Rajasthan Service Rules (In short R.S.R.). 3. According to the petitioners, after several representations and persunantion the work-charged employees of the Rajasthan Canal Project succeeded to have a settlement with the Government in a meeting on 14.4.79. It provided the conversion of work-charged employees into the permanent regular cadre, who had completed 10 years continuously upto March 31, 1976 and the heads of the two departments, namely, R.C.P. and C.A.D., were asked to submit a list of such employees covered by the settlement. It provided the conversion of work-charged employees into the permanent regular cadre, who had completed 10 years continuously upto March 31, 1976 and the heads of the two departments, namely, R.C.P. and C.A.D., were asked to submit a list of such employees covered by the settlement. The relevant portion of the settlement dated 14.4.79 (Ann.4) contained in para 1(3?) is reproduced as under: 1(v) dk;Z izHkkjh Jfedksa ds vLFkkbZ inksa dks ifjofrZr dj fu;fer djuk mDr ekax ij fopkj dj fl)kUr;k ;g Lohdkj fd;k x;k fd lkoZtfud fuekZ.k foHkkx ,oa flapkbZ foHkkx ds vuq:i gh jktLFkku ugj ifj;kstuk ij dk;ZizHkkjh Jfedksa ds ,sls fofHkUu vLFkkbZ inksa ij ftu ij dk;Z izHkkjh Jfedksa us fnukad 31-3-76 dks 10 o"kZ ls yxkrkj lsok vof/k iw.kZ dj yh gS] fu;fer inksa esa ifjofrZru dj fn;k tk;sA nksuksa eq[; vfHk;Urkvksa }kjk bl izdkj ds Jfedksa dh lwph foRr foHkkx dks jktLFkku ugj ifj;kstuk foHkkx ds ek/;e ls ,d i[kokM+k esa izsf"kr dh tkosxhA 4. Thereafter, in implementation of the aforesaid settlement, the Government of Rajasthan decided to convert the work-charged posts into regular cadre vide Annexure-5. 5. Paras 2, 3, 5, 6 and 7 of the order are relevant, which are reproduced as under: "2. In pursuance of this decision although 820 employees (presently 559 working in R. C.P. and 261 working in CAD, RCP organisations) are entitled for appointment to the regular posts as per lists furnished by Chief Engineer, Rajasthan Canal Project, and Chief Engineer, CAD, Rajasthan Canal Project but in cases of 52 employee vide Annexure 'B' enclosed the designation and scales etc. of their posts do not tally with the prescribed designation and scales as mentioned in the New Revised Pay Scales, 1976, made applicable to work-charged employees. In view of the discrepancies in their cases, these cases are being separately examined and sanction will be issued after discrepancies "are set right. 3. In regard to the remaining posts viz 530 workcharged of Chief Engineer, R.C.P.'s Organisation (total 768 posts) as Per Annexure 'A' attached, the sanction of the Governor for conversion of these posts into regular ones is hereby conveyed for the present. These orders will take effect from 1.3.79. 5. An equal No. of workcharged posts, presently under operation, would stand abolished from the concerned scales from 1.3.79, i.e. from the date of effect of these orders. 6. These orders will take effect from 1.3.79. 5. An equal No. of workcharged posts, presently under operation, would stand abolished from the concerned scales from 1.3.79, i.e. from the date of effect of these orders. 6. It may be clarified to all concerned that on all the posts where these work-charged employees were employed and have now been made regular, to further work-charged posts be created or operated except in times of very urgent need or emergencies for a very short period and only after proper sanction. 6. Since the posts sanctioned in the attached lists have been created on regular basis to absorb the existing work-charged employees, the age and qualification prescribed for these posts may be deemed to have been relaxed so far as these employees are concerned. In future recruitment to these regular posts should be made as per relevant rules and orders of the Government." 7. The remaining 55 work-charged posts were also converted by a subsequent order of the State Government, which is on the record as Annexure-6. 8. It is then alleged that in pursuance of the above mentioned order of the Government, 823 work-charged employees, who were covered by the aforesaid settlement ceased to be workcharged employees from 3.3.79, and they were absorbed in a regular cadre with effect from 1.3.79. From this date, all the employees started getting the benefits of R.S.R. and other Service Rules applicable to all Government servants. Then, vide Annexure-7, the Chief Engineer, R.C.P., Bikaner issued instructions for preparation of bills in the same manner, as being prepared for the other regular employees. By the same communication, it was also observed that all the work-charged employees, who have been made regular will get all the benefits of leave, pension,. house rent allowance, project and desert allowance, as per the rules applicable to regular employees. For pension, action was to be taken as per the Government Instructions Issued by the Finance Department vide No. F. 1 (26) FD (Gr. II)/74 dated 31.1.77. 9. The grievance of the petitioners is that subsequently office order (Ann.8) was issued by the SE/CMC/Bikaner dated 31.12.79 endorsed to the Vice-President of the petitioners' Union by Assistant Engineer vide his No. 34 dated 10.1.84 mentioning therein that such persons converted to regular posts will not enjoy all gazetted holidays, i.e. Second Saturday etc. II)/74 dated 31.1.77. 9. The grievance of the petitioners is that subsequently office order (Ann.8) was issued by the SE/CMC/Bikaner dated 31.12.79 endorsed to the Vice-President of the petitioners' Union by Assistant Engineer vide his No. 34 dated 10.1.84 mentioning therein that such persons converted to regular posts will not enjoy all gazetted holidays, i.e. Second Saturday etc. Then the Chief Engineer vide his order (Ann.9) dated 4.2.80 mentioned that permitting such employees to avail of all such holidays Is contrary to the previsions of Rule 2 of R.S.R. According to him, these employees who have been converted to regular cadre from work-charged cadre can be allowed to avail only gazetted holidays, as notified under the provisions of the Standing "Orders applicable to the R.C.P., and the provisions of the Indian Factories Act. Again, vide Annexure-10, the same Chief Engineer clarified that these converted regular employees will get the leave benefits, as per the provisions of R.S.R., as amended and classified from time to time. The benefit of availing of gazetted holidays and Second Saturday will be as per the office order dated 4,2.80 (Ann.9). Then the Deputy, Secretary to the Government of Rajasthan, In the Finance Department, vide his letter dated June 2, 1980 addressed to the Chief Accounts officer, R.C.P., CAD, Bikaner (Ann. 11) directed that these employees are not Government servants subject to the R.S.R. and as such under Rule 2(i) of the R.S.R. leave benefits under R.S.R. are not permissible to them, and the Project Allowance-Desert Allowance Rules issued by Finance Department (Rules) are not applicable to such employees. Then, vide Annexure-12 dated 10.6.80, the Chief Engineer, R.C.P. withdraw the office order dated 29.8.79 (Ann. 7). 10. The grievance of the petitioners is that the aforesaid orders, Annexures 8, 9, 10, 11, 12 and 14 are illegal and without jurisdiction. According to the petitioners, once the posts of work-charged employees were abolished, and they were provided regular cadre, they ceased to be work-charged employees and became regular Government servants for all practical purposes, and there cannot be any justification for discriminating them from other Government servants in respect of the applicability of R.S.R. and permissibility of leave concession etc., as well as the enjoyment of all gazetted holidays including the second Saturday as permissible to all other Government servants. According to the petitioners, the settlement (Ann.4) was under Section 18 of the Industrial Disputes Act and has the binding effect, according to which the workcharged employees covered by the settlement were converted into regular cadre. Some other objections were also made under the Industrial Disputes Act etc. 11. The writ petition has been challenged mainly on the ground that the work-charged employees are governed by the Standing Orders of 1972, and they cannot be compared with regular Government servants. Though, it was admitted that the orders (Ex.2 & 3) were issued for P.W.D. and Irrigation Department, but it was pleaded that the same are not applicable to the R.C.P. It was not disputed that the work-charged employees were converted into regular Government servants. But, however, it was submitted that the clarification issued on 22.8.79 was not binding on the respondents. 12. I have considered the various submissions made by the learned Counsel for the parties. It may be stated that Rajasthan Service Rules are not applicable to work-charged employees, i.e., persons who arc not on regular establishment and are paid out of the provisions for expenditure on works, maintenance of works, or State Trading Scheme and similar other funds, as clarified in Rule 2(g) of the Rules. But, in the instant case, the posts of work-charged employees covered by the settlement (Ann. 4) were converted into regular cadre with all the benefits. It is also note-worthy that vide Annexures 2 & 3 the employees of P.W.D. (B&R) and Irrigation Department were converted into regular cadre, and in those orders it has been clearly mentioned that they shall be governed by the rules applicable to regular Government servants as applicable from time to time. In the settlement (Ann.4), It has been clearly mentioned in para 1 v that the conversion of work-charged employees in question in regular cadre was like previous conversions allowed in P.W.D. (B&R) and Irrigation Department of the Government. Then, Annexure-5 further clarified that these work-charged employees were absorbed to regular cadre and equal number of work-charged posts would stand abolished from the concerned scales from 1.3.79. 13. I do not agree with the contention of the learned Addl. Advocate General that for some purposes the services of these employees should be governed by R.S.R., but for the purpose of gazetted holidays they should not be governed like other regular Government employees. 13. I do not agree with the contention of the learned Addl. Advocate General that for some purposes the services of these employees should be governed by R.S.R., but for the purpose of gazetted holidays they should not be governed like other regular Government employees. I would have considered this aspect in details, but for the decision in S.B. Civil Writ Petition No. 1258/80 Sujan Singh v. State of Rajasthan decided on 9.4.91 by this Court, who was one of the aforesaid converted work-charged employee, and had filed a separate writ petition with the same grievances. The writ was allowed as under: "In the result, the writ petition is accepted, the petitioner shall be treated as a permanent status holder i.e. a regular employee and the word permanent and regular should be equated for all purposes and the petitioner shall be given all benefits of a regular employee from the date of which he has completed 10 years' service and he shall be entitled for all types of allowances inclusive of house rent allowance and all Rajasthan Service Rules and C. C.A. Rules will be applicable to the petitioner." 14. It is not disputed before me that the aforesaid decision in the writ petition of Sujan Singh is also applicable to the other employees. Similar writ petition No. 380/1981 Narsingh Ram v. State of Rajasthan has been allowed by this Court on August 14, 1991. The writ petition was allowed in terms of the order passed in Sujan Singh's case. There is another Judgment of Division Bench of this Court in Alwar Division P.W.D. Karmchari Sangh, Alwar v. State of Rajasthan reported in RLR 1988(2) 768 , wherein the Division Bench of this Court considered the effect of work-charged employees taken on regular cadre. Same view was taken in the above Judgement. 15. Consequently, the writ petition is allowed. The impugned orders Annexures-8, 9, 10, 11, 12 and 14 are hereby quashed. It Is further directed f that all such work-charged employees converted into regular cadre vide settlement (Ann. 4) shall be entitled to all benefits of a regular employee from the date the settlement came into effect, and they shall be entitled to get all types of allowances which are allowed to a regular Government employee. It is also directed that Rajasthan Service Rules and C.C.A. Rules will be applicable to these employees. 16. 4) shall be entitled to all benefits of a regular employee from the date the settlement came into effect, and they shall be entitled to get all types of allowances which are allowed to a regular Government employee. It is also directed that Rajasthan Service Rules and C.C.A. Rules will be applicable to these employees. 16. The parties are left to bear their own costs in the facts and circumstances of the case.Writ allowed. *******