Honble PRASAD, J. – Both the counsel appearing for the respective parties have frankly admitted that the case is sourarely covered by the directions issued by the Supreme Court in Special Leave to Appeal (Civil) No. 16471/95 dated 12.1.95. Before the Supreme Court, the State filed an Action Plan/Scheme for regularisation of the services of 775 part-time Chowkidars/Cooks. The Draft Scheme filed by the State of Rajasthan was considered by the Supreme Court as just and reasonable and the Apex Court disposed of the appeal filed by the State approving the Scheme by sustituting the High Courts order with the direction to regularise the services of the employees as per the Scheme. The following order was passed by the Supreme Court :– ``We have heard the learned counsel for the State of Rajasthan as well as the respondents in the present case. The learned counsel for the State of Rajasthan his placed before us for regularisation of the part-time employees in question for the purpose of dividing them into three groups. The first group comprising those who have on May, 1995. The second group comprises those who have been working on May 1, 1995 and have continued to work thereafter. These employees are intended to be regularised from August 15, 1996, April 1, 1996 and April, 1988 respectively. The seniority will be determined on the basis of the first working day in accordance with the relevant rules. The eligibility in regard to age, educational qualification and physical fitness have also to be determined in accordance with the Rules applicable to Class IV employees in different departments at the relevant point of time. The final implication has also been separately worked down. The Scheme has been appended to the list of dates as Annexure `A which we take on record. The Scheme appears to be reasonable and acceptable and the Government of Rajasthan may proceed to finalise and implement the same except that in the first phase a clarification would be required since it says that the employees who have completed five years on May, 1995 and ``those part-time employees who have given pay scale No.1 in compliance of various Court judgments which gives the impression that they may not have completed five years of service and even so they are accepted to be regularised.
The Rajasthan stated that in regard to the later group of employees falling into the first phase a clarificatory statement may be required to be made which the State would be at liberty to do. Taking this Scheme to be just and reasonable. We dispose of these petitions by substituting the High Courts order by an order directing regularisation as per the Scheme. The petitions are disposed of accordingly. (2) Accordingly this petition is disposed of in terms of the judgment of the Supreme Court with a direction to the respondents that the regularisation of the services of the petitioner may be made as per the scheme submitted by the State.