VED PRAKASH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two writ petitions were filed by the petitioners way back in the year 1997, inter-alia with the prayers that by writ of mandamus the petitioners be held eligible for appointment on the post of Data Entry Operator immediately after they completed their training of the said post in the year 1986 and the respondents be directed to appoint them against the post of Data Entry Operator w.e.f. 17.8.1995, the date on which Smt. Shobha Gupta was given such appointment, with all consequential benefits.

(2.) Mr. Anand Sharma, learned counsel appearing for the petitioners has argued that the petitioners were working in the office of Director, State Insurance and Provident Fund, Government of Rajasthan, Jaipur, as Lower Division Clerk. Respondents invited applications for appointment on the post of Data Entry Operator from existing LDCs of their Department, who are Graduates and having knowledge of English typing. A notification to this effect was issued by the Department on 1.2.1986, fixing 17.2.1986 as the last date for submissions of applications. Similar notice was issued on 4th Sept., 1986, requiring the candidates to submit their applications on or before 16th Sept., 1986. Typing speed test was conducted on 30th Oct., 1986. Petitioners and other candidates having qualified the typing speed test were required to undergo prescribed training of Data Entry Operator, vide order dated 4th Nov., 1986. After successful completion of required training, the Department vide order dated 27th Jan., 1987 posted the petitioners as Data Entry Operators in the Computer Cell.

(3.) Learned counsel further argued that the Additional Director (Admn.), State Insurance and Provident Fund Department vide letter dated 1st Jan., 1991 informed the Employees' union that whenever regular recruitment would be held, efforts shall be made to fill up 5 vacant posts of Date Entry Operator. The Additional Director subsequently vide letter dated 9th March, 1994 recommended to the Government in its Department of Finance to upgrade the appointments of the petitioner and one more person working in the Department as Data Entry Operator, keeping in view the fact that about 109 posts were lying vacant with the Department. Surprisingly enough, the respondents vide order dated 15th July, 1997 gave regular posting to one of the candidates, namely Shobha Gupta on the post of Data Entry Operator in the regular pay scale of INR 1200-2050 and did not pass any such order with regard to the petitioners. Fixation of her pay was also made vide order dated 17th Aug., 1995.