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2008 DIGILAW 1660 (RAJ)

Jarnail Singh v. State of Rajasthan

2008-07-10

GOVIND MATHUR

body2008
JUDGMENT 1. - By these five petitions for writ the petitioners are claiming for grant of semi-permanent and permanent status on completion of 2 and 10 years of service respectively as per the provisions of Forest Department (Work Charge) Employees Standing Orders, 1973 (hereinafter referred to as "the Standing Orders of 1973"). Clause (3) of the Standing Orders of 1973 prescribes various categories of the workmen and semi permanent and permanent workmen are defined as follows:- " ( ?k ) v)Z LFkk;h ls rkRi;Z mu deZdkjksa ls gksxk tks fd fu;qfDr izkf/kdkjh }kjk mDr :i ls ?kksf"kr fd;s x;s gks] deZdkj ftlus de ls de 2 o"kZ dh vof/k rd fujarj lsok dh gS] fu;qfDr izkf/kdkjh }kjk deZdkj dh mDr Lrj iznku djus esa mldh mi;qZDrk ds laca/k esa ,d izek.k i= vfHkfyf[kr djus ds ckn v)ZLFkk;h ?kksf"kr dj fn;k tk;sxkA ( M ) LFkk;h ls rkRi;Z mu deZdkjksa ls gksxk tks fu;qfDr izkf/kdkjh }kjk mDr :i esa ?kksf"kr fd, tk;s] v)Z LFkk;h O;fDr dks le; & le; ij Lohd`r LFkk;h inksa ij LFkk;h] ?kksf"kr fd;k tk;sxk ftlesa leku Lo:iksa okys inksa ij v)Z LFkk;h lsok dh vof/k ds vk/kkj ij izkFkfedrk nh tk;sxhA " 2. Petitioners Jarnail Singh, Dalbeer Singh, Vasna Ram, Padma Ram and Masra Ram were employed as daily rated casual workmen with the respondents on 1.4.1983, 19.1.1982, 16.8.1988, 16.5.1987 and 16.5.1987 respectively. All the petitioners were retrenched from services, however, as a consequent to the declaration of their retrenchment illegal, they were reinstated in service with continuity though full back wages for the period they remained out of employment was not given. 3. The contention of counsel for the petitioners is that as the continuity in service is maintained, therefore, the petitioners are entitled for grant of semi permanent and permanent status as per clause (3) of the Standing Orders of 1973. 4. Per contra, according to the respondents, there is a break in service of the petitioners and, therefore, they are not entitled to be considered for semi permanent and permanent status.Heard counsel for the parties. 5. The date of appointment of the petitioners is not in dispute. 4. Per contra, according to the respondents, there is a break in service of the petitioners and, therefore, they are not entitled to be considered for semi permanent and permanent status.Heard counsel for the parties. 5. The date of appointment of the petitioners is not in dispute. Petitioners Jarnail Singh and Dalbeer Singh were retrenched on 30.9.1989, petitioner Vasna Ram was retrenched on 14.2.1993 and petitioners Padma Ram and Masra Ram were retrenched on 7.4.1992 and by various awards their retrenchment from service were declared bad by the Labour Court, accordingly, directions were given for their reinstatement with continuity in service. Accordingly, employer reinstated them in service. It is pertinent to note that all the workmen completed two years of service prior to their retrenchment and as such they were entitled to semi permanent status even prior to their retrenchment. 6. So far as permanent status is concerned, for that a workman as per clause (3) of the Standing Orders of 1973 is required to be considered on completion of 10 years of service. It is not in dispute that while declaring retrenchment of the petitioners bad, the Labour Court ordered for their reinstatement with continuity in service. Meaning thereby, all the workmen are required to be treated in service of the respondent employer from the date of their initial appointment. The term of 10 years has already been completed in service by the petitioners from the date of their initial appointment and, therefore, they are certainly entitled to be considered for grant of permanent status as per provisions of clause (3) of the Standing Orders of 1973. 7. Accordingly, all these petitions for writ deserve acceptance and, therefore, the same are allowed. The respondents are directed to consider candidature of the petitioners for the purpose of grant of semi permanent status from the date they completed two years of service and for permanent status as per provisions of clause (3) of the Standing Orders of 1973 from the date they completed 10 years of service.No order to costs. *******