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2006 DIGILAW 2081 (RAJ)

Hanuman Prasad Nai v. State of Rajasthan

2006-07-03

K.S.RATHORE

body2006
Judgment K.S. Rathore, J.-The petitioner is working on the post of cook since 1992 in Scheduled Tribe Hostel, Social Welfare Department, Sawai Madhopur. This writ petition has been filed by the petitioner seeking writ order or direction directing the respondents to regularize the services of the petitioner under the Scheme for regularization of part-time employees working in Scheduled Tribe Hostel, Social Welfare Department and also in view of the Judgment rendered by the Honble Supreme Court in special leave to appeal in the case of State of Rajasthan & Ors. vs. Mod Singh decided on 29.03.1996 and also in view of the Judgment rendered by this Court in SBCW Petition No. 2631/1997- Madan Lal Yogi vs. The State of Rajasthan & Ors., decided on 05.02.2001. 2. Having considered the contents of the writ petition and the Judgment s rendered by the Honble Supreme Court and High Court, it is not disputed that the petitioner was appointed as part time cook for the period from 01.03.1992 to 17.04.1992, 01.09.1992 to 15.02.1993, 04.04.1993 to30.04.1993 and 12.07.1993 to till date. 3. Since it is not disputed that the petitioner is working as cook on part time basis and the respondents have framed a scheme for regularization of the part time employees pursuant to the Judgment rendered by this Court in SBCW Petition No. 3453/1994 Anskalin Samaj Kalyan Sangh & Ors. vs. State of Rajasthan, decided on 25.05.1995. Since the petitioner has not been regularised under the scheme framed by the State pursuant to the Judgment dated 25.05.1995 in the case of Anskalin Samaj Kalyan Sangh and others vs. State of Rajasthan passed by this Court, reported in 1996 WLR (Raj) 291, wherein in Paragraph No. 27, following directions were given by this Court:- "In the circumstances of the case, it would be just and proper to direct that the Chowkidars and Cooks employed in the hostels run by the Government or Government aided institutions, shall be paid at the rate of the minimum of the pay scale applicable to class IV employees and Cooks in the Government employment respectively from the date of their filing of the petition, in cases of those who have filed the petition. In cases of those who have not filed the petition, it shall be paid from the date of this order. In cases of those who have not filed the petition, it shall be paid from the date of this order. So far as the regularization is concerned, the cases of all such employees who have put in service of five years or more shall be immediately taken up for consideration for regularization and Scheme for regularization of their services shall be framed and put into effect within a period of six months from today. A Scheme for regularization of employment of such employees who have not completed five years service shall also be framed within a reasonable time by the Government. These directions shall be applicable in the cases of all the employees similarly situated working in the hostels under the Social Welfare Department of the State irrespective of the fact whether such employees have filed petitions in this Court or not. The benefit of this Order shall be available to only those employees who were in service on the day of filing of petition or the date of this order as the case may be." 4. Similar directions are given in the present case for compliance by the State for consideration of the case of the petitioner for regularization. 5. The writ petition stands allowed accordingly.