GAJRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner before this Court seeks directions to the respondent department to declare him semi permanent and permanent on the post Wireman/Electrician on completion of two years and ten years of service respectively on the said post in conformity with Rule 3(3) and 3(2) of the Work Charge Service Rules, 1964 ('the Rules of 1964' for brevity), as extant at the time relevant to the petitioner's right to consideration. Counsel for the petitioner submits that the petitioner Gajraj Singh was initially appointed as daily wages Labour with the respondent department on 24.01.1990. Counsel submitted that since the date of appointment, the petitioner is working on the post of Wireman/Electrician. He submits that in view of the petitioner continuously working as Wireman/Electrician, he ought to have been conferred permanent status of Wireman/Electrician. It is submitted that various representations by the petitioner to correct the anomaly and set right the illegality and plain arbitrariness have been of no avail.

(2.) COUNSEL has submitted that the issue in the present writ petition is identical to the issue in the case of Bharat Singh vs. State of Rajasthan & Ors. in S.B. Civil Writ Petition No. 3874/1995 decided on 21.08.1996, which was upheld by the Division Bench in D.B. Civil Special Appeal (W) No. 1298/ 1996 decided on 04.02.2007. Counsel has also placed reliance on the judgment of the Division Bench in the case of The State of Rajasthan & Ors. vs. Shri Hariom, D.B. Civil Special Appeal (Writ) No. 599/2000. Counsel states that consequently this writ petition be disposed of with the liberty to the petitioner to make a representation to the respondent department with a further direction to the department that such representation made by the petitioner be disposed of in the light of the judgment of this Court in the case of Bharat Singh (supra).