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2003 DIGILAW 842 (RAJ)

State of Rajasthan v. Mahesh Ojha

2003-05-29

O.P.BISHNOI, RAJESH BALIA

body2003
JUDGMENT 1. - Heard learned counsel for the appellant. 2. This appeal arises out of the proceedings taken by the respondents before the Rajasthan Civil Services Appellate Tribunal, Jaipur by filing the Appeal No. 550/2000. 3. The respondent was appointed as a Clerk in the Devasthan, where emoluments were payable by the fund and they are called Fund Employees, on temporary basis on the fixed pay of Rs. 150 + Rs. as Dearness Allowance. The respondent and other employees like him of the Fund were clamouring for their regularisation and grant of regular pay scale since they are working under Devasthan Department as clerks and their services ought to be governed by the Rajasthan Subordinate Services and Ministerial Staff Rules, 1957. The writ petition No. 2688/89 filed by the respondent was dismissed. However, the Division Bench left it open to the respondent to make representation in that regard before the competent authority. 4. On the decision of the said representation, going against him an appeal was preferred before the Rajasthan Civil Services Appellate Tribunal as aforesaid. The Rajasthan Civil Services Appellate Tribunal following the decision of this Court in Smt. Kanchan Devi v. State, S.B. Civil Writ Petition No. 473/93 which was placed in the like circumstances, allowed the prayer of the employees of the Fund on the principle of equal pay for equal work. In the aforesaid decision, it was also held that to the Fund employees the Rules of 1957 are applicable and the State Government was directed that their services be regularised u/R. (10) of the Rules of 1957 with all consequential benefits. The decision in writ petition in Kanchan Devi's, case has since been affirmed by the Division Bench in D.B. Civil Spl. Appeal (W) No. 403/2001 decided on 4.9.2001 and special leave petition against the same has been dismissed on merit by the Hon'ble Supreme Court in Special Leave to Appeal (C) No. (CC 7984/2002). 5. It is in the aforesaid premise that the learned Single Judge following the decision in Kanchan Devi's case has dismissed the writ petition filed by the appellants in this appeal against the order of the Rajasthan Civil Services Appellate Tribunal. 6. The fact remains that the respondent's case is similar with the case of Kanchan Devi (supra) and is fully governed by decision in Kanchan Devi's (supra) case. 6. The fact remains that the respondent's case is similar with the case of Kanchan Devi (supra) and is fully governed by decision in Kanchan Devi's (supra) case. Therefore, we see no reason to interfere with the order of the learned Single Judge in dismissing the writ petition.Accordingly, the appeal is hereby dismissed.Appeal Dismissed. *******