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Rajasthan High Court · body

2016 DIGILAW 1883 (RAJ)

Sachche Miyan v. State of Rajasthan

2016-12-22

AJAY RASTOGI

body2016
JUDGMENT : Ajay Rastogi, J. 1. This batch of writ petitions since involve a common question, are disposed of by the present order. 2. As alleged in the writ petitions, the petitioners by & large are members of registered Unions with the Public Health & Engineering Department and working under the Janta Jal Yojna in various Districts and their grievance is that at one stage, selection process was initiated by the respondents pursuant to their advertisement Dt. 08.08.2013 but one of the Union-Pradesh Janta Jal Yojna Shramik Union filed a writ petition before this court - CWP No. 15605/2013 seeking direction that the members of Union who are working on the post of Pump Driver, Helper, etc. are working for a long time must be regularized and the process of selection which the Government initiated pursuant to the advertisement Dt. 08.08.2013 may be processed after the process of regularization of serving employees working in Janta Jal Yojna is finalized but the writ petition came to be dismissed by the Single Bench of this court. The Division Bench of this court in D.B. Special Appeal (Writ) No. 1053/2013 passed order Dt. 31.10.2014 and para 14-17 which are relevant are reproduced ad infra:- "14. The observations made by the Division Bench, were in the context of determining as to who is the 'employer' under Section 2(e) of the Minimum Wages Act, 1948. The Court was not examining whether the respondents in that case were appointed on the cadre posts, or on any post under the Rules of 1967 for regularization or in any permanency in employment. It was only for a limited purpose of finding out as to who is the employer for the purpose of paying the minimum wages. The qualification, eligibility and experience for the post was not considered, nor was required to be considered by the Court. These findings do not, in any manner, give any right to the appellants in this Special Appeal, to either claim regularization, or to stall the regular appointments, to be made regularly on the cadre posts, described in the Schedule. We are, thus, in agreement with the findings recorded by learned Single Judge that the appellants do not have any right for regularization. In view of these findings he erred in law in observing that their cases are pending for consideration of regularization. We are, thus, in agreement with the findings recorded by learned Single Judge that the appellants do not have any right for regularization. In view of these findings he erred in law in observing that their cases are pending for consideration of regularization. There was no occasion in the matter, after denying the right for regularization, to make any further observation. 15. We however find that the members of the appellant-Union, even if they are not discharging their duties, as against any post in the Department under the Rules, have a right to be considered for appointment, provided they are eligible, qualified, and possess the requisite experience for the advertised posts. 16. We are informed that 1306 posts of various categories have been advertised, whereas the appellants are 2485 in number. We have no doubt that most of the members of the appellant-Union must have applied in pursuance of the advertisement, if they are eligible and experienced. If however any of them has not applied, in the hope of getting some relief of regularization in this Special Appeal, which we have decided today, must be given an opportunity, if he is eligible, qualified and possessing requisite experience to apply for the advertised posts. 17. In view of the above, we direct that the respondents will issue necessary advertisement within three weeks, making it open for the members of the appellant-Union only, for those who have not applied, to apply for the posts, advertised vide advertisement dated 08.08.2013 within a period of 15 days from the date of advertisement, and to consider the applications made by the appellants, provided they are eligible, qualified, and possess requisite experience for selection to the posts under the Rules of 1967." 3. In compliance of order of the Division Bench of this court, reference has been made supra, a notice came to be published on 11.11.2016 calling upon the applications from the members of appellant-Pradesh Janta Jal Yojna Shramik Union at whose instance the special appeal was preferred. At this point of time, the other batch of writ petitions were filed by different Unions and their grievance was that if the member of one Union are being permitted to participate in the selection process, there appears no reasonable justification in not permitting the other members of the Union who are similarly situated and serving in various Janta Jal Yojna. 4. 4. It is further brought to notice of the court that amended notice Dt. 07.12.2016 has been published by the department in furtherance to the notice Dt. 11.11.2016 and Pradesh Janta Jal Yojna Shramik Union is now extending its jurisdiction and getting its members/employees registered since the direction of Division Bench was confined only to the members of the Union for their participation in the selection process. 5. After the matter being heard by this court in S.B. Civil Writ Petition No. 3988/2014, it was finally disposed of vide order Dt. 14.12.2016 extending the zone of consideration of the members of recognized Unions who are working in various Janta Jal Yojna and the State Government was directed to enlarge the scope by including the left over members of other recognized Union to participate in the process of selection initiated by the respondents pursuant to the advertisement Dt. 08.08.2013. 6. It was never brought to the notice of the court at the relevant point of time when the order came to be passed Dt. 14.12.2016 that there are certain employees left over who are serving in Janta Jal Yogja and are not the members of recognized Union and their appears no justification in leaving them from participation in the selection process. 7. Although there was an interim order passed before the main seat at Jodhpur in S.B. Civil Writ Petition No. 14822/2016 Dt. 15.12.2016 directing the respondents to accept the forms of similarly situated candidates, even those who are not members of Pradesh Janta Jal Yojna Shramik Union and after this court has heard counsel for the parties is of the view that those prospective candidates who are eligible certainly their right of consideration cannot be curtailed from participation in the selection process. Although when the matter was earlier heard and decided by this court vide order Dt. 14.12.2016, it remain confined to such of the employees who are members of other recognized Union serving in various Janta Jal Yojna 8. Although when the matter was earlier heard and decided by this court vide order Dt. 14.12.2016, it remain confined to such of the employees who are members of other recognized Union serving in various Janta Jal Yojna 8. After I have re-looked into the matter and took note of the grievance, in addition to it brought to my notice that there is a segment of employees who are left out serving in various Janta Jal Yojna who are not the members of the registered Union and taking note of the interim order passed by the Single Bench at the Main Seat at Jodhpur, of which reference has been made supra, Dt. 15.12.2016, this court is of the considered view that apart from the members of registered Union to whom permission has been granted by this court, while disposing of the writ petition No. 3988/2014 vide order Dt. 14.12.2016, it will certainly be appropriate to extent the zone of consideration to the employees in general who are serving in Janta Jal Yojna. 9. Consequently, the instant batch of writ petitions are disposed of with the direction to the respondents that in addition to the order passed by this court on 14.12.2016 in S.B. Civil Writ Petition No. 3988/2014 to permit the employees in general who are serving in various Janta Jal Yojna to participate in the selection process provided they are eligible under the scheme in terms of the advertisement Dt. 08.08.2013. The public notice Dt. 11.11.2016 may accordingly be modified and application be invited from individual employee who is serving in Janta Jal Yojna and the respondents are at liberty to get their application forms examined by their responsible Officer granting permission to participate in the process of selection pursuant to holding regular selection in furtherance thereto. 10. With this clarification & in addition to what has been observed by this court in the earlier order Dt. 14.12.2016 in S.B. Civil Writ Petition No. 3988/2014, the instant batch of writ petitions stands disposed of.