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2002 DIGILAW 855 (RAJ)

Vidhyadhar Bhadu v. State of Rajasthan

2002-04-24

SUNIL KUMAR GARG

body2002
JUDGMENT 1. - This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 2-1-92 with a prayer that the order dated 16-4-87 (Annex.2) by which the petitioner was appointed on the post of Work Supervisor on semi permanent basis with effect from 13-1-86 be declared null and void and it was further prayed that the petitioner be appointed on the post of Supervisor with effect from 13-1-86 in place of Work Supervisor. 2. It arises in the following circumstances : i) The petitioner qualified Secondary School examination in the year 1977 in First Division. The petitioner qualified Higher Secondary School examination with first division from the Board of Secondary Education, Ajmer. The Petitioner was also awarded diploma in Civil Engineering from Haryana State of Board of Technical Education in the year 1983. ii) The petitioner was appointed as Supervisor Grade II on daily wage basis at the rate of Rs. 25/- per day in Rajasthan Canal Project, Bikaner vide order dated 13-1-84 passed by the Superintending Engineer, IInd phase, Circle-II. Rajasthan Canal Project, Bikaner. A copy of order dated 13-1-84 is marked as Annex. 1. Later on, Rajasthan Canal Project was renamed as Indira Gandhi Nahar Pariyojana, Bikaner in the year 1985. iii) The Executive Engineer, Indira Gandhi Nahar Pariyojana, 18th Div., Bajju passed an order dated 16-4-87 declaring the petitioner semi-permanent on the post of Work- Supervisor Grade II in the pay scale 380-610 w.e.f. 13-1-86. Copy of order dated 16-4-87 is marked as Annex.2. iv) The petitioner submitted a representation to the Executive Engineer 18th. I.G.N.P., Bajju mentioning therein that he had wrongly been fixed to the pay scale of Rs. 380-6 10 in place of Rs. 640-1180. A copy of representation is marked as Annex.3. v) The petitioner did not receive any reply from the respondents side and in these circumstances, the petitioner submitted numerous representations. A certificate was issued by the Assistant Engineer from the office of Chief Engineer, Bikaner, I.G.N.P., Bikaner on 3-3-90 certifying that the petitioner is in continuous employment of the project and he was rendering the service exactly similar vis-a-vis the regular Junior Engineers (Diploma holder) in civil. vi) The main grievance of the petitioner is that he should have been appointed on the post of Supervisor in place of Work Supervisor and, therefore. vi) The main grievance of the petitioner is that he should have been appointed on the post of Supervisor in place of Work Supervisor and, therefore. he was entitled to pay Scale No. 12 under the Pay Scale Rules, 1983, 1987 and 1990 i.e. Pay scale of Rs. 640-1180 under the Rules of 1983 and Rs. 1160-2360 under the Rules of 1987 and Rs. 1400-2600 under the Revised Pay scale Rules 1990. The respondents had not fixed the petitioner in the aforesaid pay scale despite the facts that the petitioner is discharging the duties of Supervisor from the date of his initial appointment and thus by not appointing him as Supervisor, his right has been infringed and i.e. violative of Articles 14 and 39(d) of the Constitution of India. Hence, this writ petition. 3. Reply to the writ petition was filed by the respondents on 8-2-93. 4. The main case of the respondents is that since the petitioner has completed two years continuous service, therefore, he was declared semi permanent on the post of Work Supervisor Grade II through order dated 16-4-87 Annex.2 against the sanctioned post of Work Supervisor Grade II lying vacant in the Department. It is further submitted by the respondents that instead of terminating his services, they have appointed him on the post of Work Supervisor and he was not entitled to be appointed on the post of Supervisor and the writ petition be dismissed. 5. I have heard both and perused the record. 6. Before proceeding further it may be stated here that along with the reply to the writ petition Chapter I of a list (Annex R/2) showing basic schedule of rates issued by Government of Rajasthan has been produced. In that list, there is no post known as work supervisor. At serial No. 41 there is a post of Supervisor Grade II (Diploma Holder). The case of the petitioner is that he should have been appointed on this post as he was diploma holder and was continuously discharging the duties as such and, therefore, his appointment on the post of Work Supervisor on semi permanent basis is contrary to Rules and law and, therefore, he should have been appointed as Supervisor Grade II and the order dated 16-4-87 should be quashed. 7. 7. After going through the record of the case and looking to the fact that there is no post known as work Supervisor in the list attached with the reply as Annex. R/2 and looking to the fact that the petitioner was diploma holder from a recognised University and was discharging the duties as such, therefore, his prayer that he should have been appointed as Supervisor Grade II appears to be reasonable and thus by not appointing the petitioner on the said post, his legal right has been infringed and in these circumstances, the petitioner is entitled to the relief under Article 226 of the Constitution of India and the present writ petition should be allowed.For the reasons mentioned above, the present writ petitions are allowed and the order dated 16-4-87 (Annex.2) passed by the Executive Engineer, Indira Gandhi Nahar Pariyojana, 18th Div. Bajju at page 14 is quashed. It is further ordered that the petitioner be treated as appointed on the post of Supervisor Grade II with effect from 13-1-86 and with all consequential benefits. Cost made easy.Petition allowed. *******