LATIF KHAN Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) Learned counsel for the parties in agreement that the controversy involved in these petitions for writ is no more res integra in view of the judgment given in the case of Hem Singh and Ors. Vs. State of Rajasthan and Ors. (S.B. Civil Writ Petition No.6423/2008) decided on 21.10.2009.

(2.) The factual matrix necessary to be noticed is that appointment was accorded to the petitioner as Helper on casual basis in work-charge cadre of the respondent-Department on 1.12.1981. He was entitled to be considered for grant of Semi Permanent status as per Rule 3(3) of the Rajasthan P.W.D. (B&R), including Gardens, Irrigation, Water Works and Ayurvedic Department, Work-charged Employees Service Rules, 1964 (for short 'the Rules of 1964' hereinafter). The respondents, however, declared Semi Permanent to the petitioner as Helper w.e.f. 1.4.1985. Subsequently, the respondents changed the date of Semi Permanent pertaining to the petitioner for the purpose of computation of term i.e. for grant of selection scale by treating the same as on 1.12.1983.

(3.) The grievance of the petitioner is that from the date of his initial appointment, his services were utilized as Store Munshi, but the respondents conferred Semi Permanent status on the post of Helper. This Court in the case of Hem Singh while relying upon an earlier judgment given in the case of Ashok Kumar & Ors. Vs. State of Rajasthan & Ors. (SBCWP No.2162/1992), held that the Semi Permanent status of the work-charged employee conferred on the basis of his services were utilised. In the instant matter, it is not in dispute that the respondents utilized services of the petitioner as Store Munshi from inception, therefore, in view of the judgments referred above, he is entitled to have Semi Permanent status on the post of Store Munshi w.e.f. 1.12.1983, the day from which he completed two years of service.