JUDGMENT 1. 1. Before filing the present writ petition, the petitioner had given notice for demand of .justice to the respondents through his Advocate Shri Mahendra Shah on May 22, 1995, but as usual, the authorities did not consider the grievances of the petitioner. In case the representation of the petitioner had been considered objectively, perhaps this unnecessary litigation could have been avoided. 2. Be that as it may the only grievance stressed before me on behalf of the petitioner is that after completion of ten years' service, he becomes eligible for the status of permanent work-charged employee. The petitioner is, therefore, seeking a mandamus to declare him as permanent employee under the Work-charged Service Rules, 1964 with all consequential benefits. Other prayers made in the petition have not been pressed before me. 3. The undisputed facts of the case are thus : The petitioner was appointed initially on Muster Roll in March 1982 on daily wage basis. However, his services were terminated w.e.f. May 1984. The termination order was challenged by the petitioner by raising an industrial dispute. On a reference made by the State Government, the Labour Court vide award dated, 23rd December 1993 declared the retrenchment/termination of the petitioner to be void and inoperative. Consequently, it was directed that the petitioner be reinstated with back wages after 30th May 1990 with continuity in service. The said order was challenged by the department in S.B. Civil Writ Petition No. 573/94. The writ petition came to be decided on 8th March 1994. The award passed by the Labour Court was upheld with modification in payment of back wages to the extent of 50%. After the decision in the writ petition, the petitioner was reinstated on a consolidated amount of Rs. 572/- per month vide order dated 18th June 1994. In the petition it has been averred by the petitioner that he has been discharging duties of Munshi Gr. II and is eligible to work as Munshi Gr. I. 4. The only question for decision in this petition is whether the petitioner is entitled to get permanent status under the Work Charged Rules or not ?Learned counsel for the petitioner contended that the petitioner has been discharging the duties of Store Munshi Gr. II, but as this fact has been disputed by the respondents, the case for declaring permanent as Beldar be considered. 5. II, but as this fact has been disputed by the respondents, the case for declaring permanent as Beldar be considered. 5. The factual aspect makes it clear that the petitioner came to be appointed in the year 1982, though, his services were retrenched in the year 1984. After his reinstatement in pursuance to the Award of the Labour Court his services are deemed to be in continuity. The effect of the Labour Court judgment is that the petitioner is to be deemed in continuous service since his initial appointment in the year 1982. The petitioner has already completed ten years' of service on the date of filing of the writ petition. Rule-3 of the Work Charged Rules of 1964 categorise the status of the work-charged employees as permanent, semi permanent and casual. Sub-rule (2) of Rule 3 provides that the employees who have been in service for ten years or more shall be eligible for the status of permanent work-charged employee provided their record of service in the opinion of the competent authority is satisfactory. Learned counsel for the respondents could not point out anything as to why the petitioner is not entitled to get the benefit of the permanent status on his completion of ten years of service. There is no pleading on the part of the respondents that the service record of the petitioner is not satisfactory to disentitle him the benefit of permanent status. 6. This Court in Umrao Saini V. State of Rajasthan, S.R. Civil Writ Petition No. 2440/96, has observed as under : "(i) That the order dated 1.6.95 conferring status of semi permanent Beldar on the petitioner from 1.1.95 is set aside and it is directed that the benefit of semi-permanent status be given to him from 1.9.90 with all consequential benefits. The arrears of amount shall be paid within two months from the date of filing a certified copy of this order. The arrears of amount shall be paid within two months from the date of filing a certified copy of this order. (ii) For second grievance of treating him as Helper, the petitioner shall be free to make a representation, giving factual aspect of his case, before the Superintending Engineer, PHED District Circle, Jaipur with a certified copy of this order and, if any such representation is made, the same shall be considered and decided on basis of the office record by a speaking order and if it is found that the petitioner, in fact, was working as Helper and not as Beldar, then necessary orders shall be passed giving him benefit of the status of semi permanent Helper with consequential benefits. (iii) The petitioner shall also be entitled to get costs of Rs. 1,000/- to be paid by the respondents within two months for not considering his representation. Before parting with, I would like to express that it is the duty of the Head of the concerned Department that similar benefits are given to all other similarly circumstanced employees instead of compelling them to approach the Court of law and thus causing unnecessary burden on the State Exchequer." In Om Prakash Meghwal & Ors. V. State of Rajasthan & Others, WLR 1991 (S) Raj. 299 , this Court after considering relevant rules of 1964 and taking into consideration all other facts and circumstances, has held as under : "Therefore, in this view of the matter, I hold that the incumbents who have completed 10 years service or more till this date may be declared permanent if their record is satisfactory and those incumbents who have completed two years service or more and their record is satisfactory, may also be given the semipermanent status and other incumbents who have completed less than two years service may be progressively regularised." In view of the above discussion, the petitioner cannot be denied the benefit of permanent status. Consequently, the writ petition is allowed and it is directed that the petitioner shall be given permanent status as Beldar with all consequential benefits from the date of filing the writ petition i.e. January 10, 1996. Cost of this petition is made easy. Petition allowed. *******