JUDGMENT 1. 1. The petitioner is seeking a direction for regularisation as Safai Karamchari, which is equivalent to Class IV employee w.e.f. 17.11.94, with all consequential benefits. 2. Undisputed facts were that the petitioner came to be appointed as Safai Karamchari vide order dated 2.10.1978 on a consolidated salary of Rs. 150/- per month. Since then she has been discharging the duties continuously. 3. The case of the petitioner is that she has been performing the work for 8 hours in a day and vide order dated 17.11.1994-Persons similarly circumstanced were regularised as Safai Karamchari, as such she is entitled to get the same benefit. In reply to the above contention, respondent No.3, pleaded that petitioner is working as a part time employee for one hour or two, while other persons who were given the benefit of regularisation were working for the whole time; and as such, the petitioner cannot get the same benefit. However, this plea does not appeal to be correct. There are two documents on the record, filed by the petitioner as Ex.3 and 5. Ex.3 is a report of the Incharge, Goun-Mandi Yard Weir dated 31.12.1994 to the effect that the petitioner was working for 8 hours in a day. Ex.5 is letter written by the Secretary, Krishi Upaj Mandi Samiti, Bayana to the Director (Agriculture) Marketing Department, Government of Rajasthan, Jaipur, wherein it has been mentioned that the name of the petitioner could not be included in the list of the employees whose services were regularised by mistake. 4. Taking into consideration the factual aspect and the fact that the petitioner has been working since 1978 regularly and performing the duties and functions of Safai Karamchari satisfactorily, I find no reason to deny the benefit of regularisation to the petitioner. Mr. Bhandari, learned counsel for respondent No.3 also contended that the case of the petitioner has been referred for regularisation but necessary orders could not be passed for non-availability of a sanctioned post and she may be ordered to be regularised against the post of a Class IV employee. 5. In view of the above discussion, the petition deserves to be allowed and is hereby allowed. It is directed that services of the petitioner as Safai Karamchari, which is equivalent to Class-IV Employee, shall be regularised from the date of filing this writ petition i.e. 7-9-95, with all consequential benefits.
5. In view of the above discussion, the petition deserves to be allowed and is hereby allowed. It is directed that services of the petitioner as Safai Karamchari, which is equivalent to Class-IV Employee, shall be regularised from the date of filing this writ petition i.e. 7-9-95, with all consequential benefits. If there is no sanctioned post of Safai Karamchari necessary orders shall be passed by the respondent Nos. 1 & 2 or she may be regularised against the post of a Class IV employee. The arrears shall be paid to the petitioner within two months from today. In the facts and circumstances, the cost is made easy.Petition allowed. *******