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1992 DIGILAW 841 (RAJ)

Sushila etc. etc. v. State of Rajasthan

1992-10-21

V.K.SINGHAL

body1992
JUDGMENT 1. 1. This order will dispose of all the writ petitions as per SCHEDULE-A annexed to this order as identical facts and common questions of law are involved in all the writ petitions. 2. The petitioners in these writ petitions have prayed that the respondents be directed (1) not to remove the petitioners from services who have been engaged on daily wage basis and (2) that their services be regularised and (3) they should be given the benefit of equal pay for equal work. 3. The question with regard to third point has been dropped by the learned counsel for the petitioners during the course of arguments. So far as the question of not terminating the services of the petitioners is concerned, no stay was granted. 4. It has been submitted by Shri Karni Singh, Administrator, Municipal Council, Jaipur who is present in person and Mr. S. V. Sharma that the work of cleaning the Jaipur City has to be undertaken looking to the urgency of the circumstances and casual labours have to be employed for a particular period and for particular job. The claim of the petitioners with regard to second relief has also therefore no force in view of the order which is being passed in these writ petitions. 5. Regarding regularisation of the services of the employees who are on daily wage basis, the matter was challenged before this Court in D.B. Civil Writ Petition No. 1232/92 which was decided on March 4, 1992, wherein it was held that the writ petition has no substance, inasmuch as it is not clear as to what right has been acquired by the daily wagers who claim themselves to be the members of the union. The writ petition was dismissed. In the present case, the individuals have filed the writ petition, who may or may not be the members of the Union, but the relief which has been sought for regularisation of services cannot be given in view of the decision of the Division Bench referred to above. 6. It has been stated by Mr. Karni Singh, Administrator, Municipal Council, Jaipur that 100 persons on permanent basis are likely to be employed. 6. It has been stated by Mr. Karni Singh, Administrator, Municipal Council, Jaipur that 100 persons on permanent basis are likely to be employed. The allegations of favourtism and irregularities in the appointments have been levelled in Writ Petition No. 976/92 Rajasthan Danik Vetan Bhogi & A.S.M.S. v. State, D.B. Civil Writ Petition No. 1232/92 and No. 3837/90 Ram Prasad v. State of Rajasthan, 1992 (2) R.L.R. 516, wherein the system of selection on the basis of lottery was approved. 7. In State of Punjab v. Pyara Singh, (1992) 4 S.C.C. 118 , it has been held that the directions given in respect of casual labours and daily wage workers by the High Court are untenable, though it was observed that the persons belonging to these categories, namely, ad hoc employees/temporary employees have a right to claim regularisation and the authorities are under an obligation to consider their cases for regularisation in a fair manner, but blanket directions cannot be given. Directions were given to the Government of Punjab to verify the vacancies in the categories of daily wagers and casual labours and to frame a scheme for absorption in a fair and just manner having regard to their length of service and other relevant conditions. 8. In the light of the judgment of the Hon'ble Supreme Court, it would be proper on the part of the respondents to verify the actual vacancies existing against which the daily wagers and casual labours could be adjusted and they should frame a scheme for absorption in a fair and just manner having regard to their length of service and other relevant conditions including the observations made hereinafter. 9. It has been submitted by Mr. Karni Singh & Mr. S.V. Sharma that the Government has already directed that the services of those persons who have completed the period of 240 days till December 31, 1986 should be given regular employment. It is also submitted that this date is being extended from time to time so that opportunities are being made available. 10. In the light of the above judgment of the Apex Court, the directions which have been given by the Apex Court laying down the policy for regularisation by the Government stand fulfilled. It is also submitted that this date is being extended from time to time so that opportunities are being made available. 10. In the light of the above judgment of the Apex Court, the directions which have been given by the Apex Court laying down the policy for regularisation by the Government stand fulfilled. However, since the appointments have to be made against the permanent vacancies as well as on daily wage basis, it would be proper that the following procedure is being adopted by the respondents : 1. Advertisement should be issued in the two local News- Papers (Hindi) advertising the post and in the advertisement itself the proforma for application shall be given so that the question of obtaining any application form from the respondents or from the union is eliminated; ' 2. The said advertisement shall also be pasted on the notice board of all the four zones as well as the Head Office of the Jaipur Municipal Council. The advertisement shall require that the application has to be accompanied with a demand draft of Rs. 5/- or Rs. 10/- of any Bank; 3. The Municipal Council shall constitute a committee which shall have the personal interviews and in respect of eligible candidates, lottery could be drawn; 4. Preference should be given to the persons for whom the guidelines have been issued by the Government and in any case the following criteria should be kept in view:- (a) persons who have competed 240 days in a calender year; (b) persons, who are at the maximum age permissible for selection; (c) one member from one family should be made eligible and if there is already employment to one of the members, then preference should be given to such persons from whose family there is no person in employment; (d) Person must be of sound health and mind; (e) the ward of an employee who has expired; (f) experience in the service of Jaipur Municipality of a person who has given satisfactory performance, according to the length of service performed. 11. If the services of any of the petitioners who have already been terminated or they are not in employment and do not fulfil any of the criterias mentioned above, then the respondents would be free not to consider their applications on merit. 11. If the services of any of the petitioners who have already been terminated or they are not in employment and do not fulfil any of the criterias mentioned above, then the respondents would be free not to consider their applications on merit. In respect of the selections now to be made, the applications will be considered by the Committee and the eligible candidates would be selected on the basis of lottery. 12. So far as regularisation of services is concerned, no directions can be given by this court in view of the judgment of the Apex Court in State of Haryana v. Piara Singh , referred to above and the D.B.Case as mentioned above. The observations regarding guidelines/criterias have been made with a view to eliminate the grievance of favouratism or any irregularity, which may or may not exist. It is made clear that no right has accrued to the persons being ad hoc/temporary or daily wage workers, but still in respect of the existing vacancies, the criteria as mentioned above shall be followed strictly by the respondents. It is also made clear that before appointment is made, the respondents shall obtain character certificate of the person to be appointed. 13. With these observations, the writ petitions stand disposed of.No order as to costs.Petitions disposed of. *******