JAGMOHAN SAIN Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) By the instant petition, petitioner is seeking direction from this Court for regularization of services in the cadre of class-IV from the date persons junior to him in the cadre were regularized with all other consequential benefits flowing thereof.

(2.) It has come on record that the petitioner was initially appointed as daily wager in the office of respondent-department at Sawaimadhopur on payment of INR 9.00 per day w.e.f. 05.01.1983. However, his services at one stage were terminated by verbal order dt.17.08.1984, against which industrial dispute was raised for adjudication. The learned Labour Court, Bharatpur after adjudication of the dispute passed an award dt.14.02.1996 holding verbal termination of the petitioner to be invalid and granted compensation to the tune of INR 10,000.00 in lieu of reinstatement. Feeling aggrieved by the final relief granted to him under the impugned award dt.14.02.1996, petitioner preferred CWP-6211/1996 which was allowed by this Court vide order dt. 09.11.1998 (Annx.2) and it was held that the petitioner is entitled for reinstatement on the post of Chawkidar/Class-IV with continuity in service, however, he will be entitled for 50% of back wages.

(3.) In compliance of the order of this Court dt.09.11.1998 (Annx.2) petitioner was reinstated in service in the cadre of class-IV and 50% back wages were also paid vide order dt.15.01.2001 (Annx.3) but at the same time DB Special Appeal was also preferred by the respondent which was decided by judgment dt. 10.03.2008 (Annx.4). The Division Bench while upholding the order of reinstatement on the consent of petitioner being recorded set aside back wages to the extent of 50% as granted to him by the learned Single Judge and accordingly partly allowed the appeal preferred by the respondent and the order of the learned Single Judge was modified as referred to supra. However, instant petition has been filed by the petitioner with the grievance that once he stood reinstated with continuity in service, his initial appointment in the cadre of class-IV, which was of 05.01.1983, stood restored and those who were appointed in the cadre of class-IV at much later point of time, were regularized by the respondent as evident from the order dt.12.05.1989 (Annx.9) and also evident from the seniority list of class-IV published by the department dt.01.11.1991 (Annx.8) in which one Shri Mali Ram who was appointed on daily wages basis on 05.12.1983 on a sum of INR 9.00 per day as evident from the order dt.23.12.1983 (Annx.6), was regularized in the cadre of class-IV and his name finds place in the seniority list dt.01.11.1991 (Annx.8) at serial no.61 and those who are placed in the seniority list thereafter have been regularized subsequently. It has been averred by the petitioner in para 9 & 10 of the writ petition that those who were appointed in the cadre of class-IV on daily wages basis after his appointment they all have been regularized by the respondent in the cadre of class-IV as evident from the order dt.12.05.1989 (Annx.9).