STATE OF RAJASTHAN Vs. RAM KISHAN

JUDGEMENT

(1.) SINCE the order dated August 14, 2001 of the Rajasthan Civil Services Appellate Tribunal Jaipur is under challenge in this batch of six writ petitions, it was heard analogously and is being disposed of by this common judgment.

(2.) LEARNED Tribunal in the impugned order held that the respondents No. 1 in all the six writ petitions (for short the employees) were entitled to get the benefit of selection scale by counting the services from the date of their initial appointment. The petitioners were given two months time to comply with the order.

(3.) IT appears that after the said direction issued by the Hon'ble Apex "court on September 3, 1992 sub rule (10) was appended vide Notification dated 12. 10. 1992 with the Rule 25 of 1957 Rules which reads as under- " (10) Notwithstanding anything contained in Rule 7, all persons appointed as L. D. Cs. on adhoc basis or on daily wages basis during the period from 1. 1. 85 to 31. 3. 90 and are still working as such on the date this amendment comes into force shall be appointed on regular basis on availability of vacancy subject to the condition that they pass a performance test conducted by the head of the department concerned within a period of three years in accordance with the syllabus prescribed in part IV of Schedule I. Such persons shall be allowed three chances to pass the said test to be availed within a period of three years. Provided that if a person fails to pass the said test in three chances to be available within a period of three years, he shall be liable to be removed from service. "