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2005 DIGILAW 580 (RAJ)

Taga Ram v. State of Rajasthan

2005-02-21

RAJESH BALIA

body2005
Judgment Rajesh Balia, J.-Heard learned Counsel for the parties. 2. The petitioner has claimed the following reliefs, namely; (i) the respondents may be directed to grant the petitioner regular pay scale of the post of LDC from the date of his initial appointment with all consequential benefits, (ii) that the respondents may be directed to declare the petitioner semi-permanent on the post of LDC. 3. The petitioner claims his appointment to be on Work Charged Establishment to discharge the functions of LDC vide Annex.3. Annex.3 only reveals that the petitioner was appointed on muster roll on the Work Charged Establishment on 10.1988 and it also states that his duties relates to revenue work. However, what functions are actually discharged by the petitioner is not stated in the document and, therefore, in absence of any material it is not possible to draw an inference that the petitioner was appointed against the post of Store Munshi or LDC or liable to discharge the functions of LDC on the Work Charged Establishment from the date of appointment. That is what has been precisely the plea of the respondent that in absence of any material his appointment can not be termed as appointment on the post of LDC and Annex.3 clearly shows that his name has been entered in the muster roll giving out that no formal appointment order was issued to him. Therefore, the petitioners claim either for regularisation on the post of LDC or for semi permanent status on completion of two years service as LDC cannot be sustained. 4. However, from the material placed on record, about which there is no dispute, the petitioner was appointed on Work Charged Establishment on 10.1988 and on completion of two years satisfactory service, a person becomes entitled to semi permanent status and benefits flowing there from and on completion of 10 years of service he becomes entitled to permanent status subject to availability of vacancies. The petitioner is certainly entitled to these reliefs, if he has not already been granted. 5. The petitioner is certainly entitled to these reliefs, if he has not already been granted. 5. Accordingly, the writ petition is disposed of with a direction to the respondents that petitioner may be granted semi permanent status w.e.f. 10.1990, if his services were found to be satisfactory during that period and thereafter, if he has continued in service and completed ten years of service w.e.f. the date of initial appointment, his case may be considered for grant of permanent status subject to availability of vacancies, as is required to be done under the Work Charged Establishment Rules, 1964. These reliefs may be granted to the petitioner, if not already granted, within a period of three months. There shall be no order as to costs.