NENA RAM BISHNOI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By order dated 16.11.1985 passed by the Vikas Adhikari, Panchayat Samiti, Osian, District Jodhpur appointment was accorded to the petitioner as Teacher Gr.III in the pay-scale of Rs.490-840. The appointment was given on temporary basis for a period of six months or till the availability of selected incumbents, whichever is earlier. The term of appointment of the petitioner was extended time to time and, as such, he remained in the employment of respondent-Panchayat Samiti for a pretty long time. The Government of Rajasthan while exercising powers under Sub-Section(1) of Section 79 of the Rajasthan Panchayat Samities and Zila Parishads Act, 1959 made certain amendments in the Rajasthan Panchayat Samities and Zila Parishads Service Rules, 1959 (hereinafter referred to as 'the Rules of 1959') under a notification dated 17.3.1989 and a proviso to Rule 6 was added in following terms :

(2.) In view of the proviso added to Rule 6 of the Rules of 1959 the petitioner became eligible to be screened for regularisation in service as Teacher. No steps in pursuant to the provision aforesaid were taken by the respondents, therefore, the petitioner preferred a petition for writ (SBCWP No.1298/1993) to have a direction for regularisation of his service after screening as per provisions of Rule 6 of the Rules of 1959.

(3.) A reply to the writ petition was filed on behalf of the respondents in the petition for writ aforesaid with the assertion that the case of petitioner for screening was sent to the District Establishment Committee, Zila Parishad, Jodhpur and the Zila Parishad was going to consider the case of petitioner for regularisation at the earliest.