JUDGMENT 1. - By this writ petition, the petitioner is claiming regular pay scale of Naka Guard and other benefits from 7.5.1993 in the cadre of Naka Guard. 2. The facts, in brief, of the case as per the petitioner are that the petitioner was appointed as Naka Guard on 3.3.1979 on daily wages. Subsequently, his services were terminated on 19.11.1981. Against which conciliation proceedings were initiated and on failure of the same, reference was made to the Industrial Tribunal. The Industrial Tribunal vide its order dated 27.10.1983 declared the said termination as illegal and void. Thereafter, a writ petition was filed by the Municipality, which was also disposed of and the petitioner was reinstated and directed to be allowed 50% back wages from 27.11.1984. It is stated in the writ petition that since then petitioner is continuing as Naka Guard. Subsequently some additional affidavits have been filed by the petitioner and in that affidavits, he has submitted that the post of Naka Guard has been abolished and they have been allowed to work as Class-IV and while working as such, one of the junior person Hinglajdan was absorbed on the post of Class-IV vide order dated 8.4.2002, but the said benefits have not been given to him despite the fact that the said Hinglajdan has taken voluntary retirement and the post of Class-IV is lying vacant. 3. Counsel for the Municipality submits that the post of Naka Guard has already been abolished and on sympathetic ground, the petitioner was allowed to continue, but the fact of absorption of the said junior person and his voluntary retirement has not been disputed. 4. Counsel for the petitioner in the changed circumstances contended that the petitioner has right to be absorbed on the post of Class-IV as has been done in case of Hinglajdan and his non-absorption is highly unreasonable and discriminatory, therefore, as per Article 14 of the Constitution of India, he is entitled for a direction for absorption. 5. Counsel for the respondents has submitted that the petitioner is not entitled for absorption. 6. Heard counsel for the parties and gone through the record of the writ petition and further considered rival submissions of the parties. 7. 5. Counsel for the respondents has submitted that the petitioner is not entitled for absorption. 6. Heard counsel for the parties and gone through the record of the writ petition and further considered rival submissions of the parties. 7. On consideration of entire material on record including additional affidavits, I am of the view that the petitioner was continuing since 1979 and Hinglajdan was appointed on 29.4.1981, therefore, Hinglajdan was junior to the petitioner and the petitioner Is also entitled for all reliefs, which have been granted to Hinglajdan. 8. Resultantly, the writ petition is allowed. The respondents are directed to absorb the petitioner on the post of Class-IV and grant him all reliefs including pay, pay scale and notional fixation from the date when Hinglajdan was absorbed And his services were regularized.Writ Petition Allowed. *******