SATYA NARAYAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard finally with the consent of learned counsel for the parties. Petitioner has preferred this writ petition to issue a writ of Mandamus, directing the respondents to regularize the services of the petitioner on the post of Driver with effect from 8th October, 1982 and/or further to pay minimum of the regular pay scale of the post of Driver.

(2.) Submission of learned counsel for the petitioner is that the petitioner was appointed on daily wages on the post of Driver way back on 8th October, 1982 by selection committee. His services were terminated, on 5th August, 1985. The petitioner challenged his termination order before the Labour Court, Bharatpur. Labour Court, Bharatpur, vide its award dated 17th February, 1994 declared the termination order of the petitioner dated 5th August, 1985 as illegal and unreasonable and directed to re-instate the petitioner with full back wages and all consequential benefits. Thereafter, award passed by the Labour Court, Bharatpur was challenged by the state by way of writ petition, but writ petition, filed by the State, was also dismissed. Thereafter, the petitioner was reinstated in the service, in pursuance of award passed by the Labour Court, Bharatpur.

(3.) Learned counsel for the petitioner further submitted that one Driver namely, Gopal Lal Sharma was granted voluntarily retirement with effect from 30th November, 2000 and against his vacant post, the petitioner was posted vide order dated 30th November, 2000 (Annexure-5), therefore, there was vacant post and the petitioner was posted against that vacant post. He submitted that the petitioner is working on the post of Driver since 1982, i.e. for last about 30 years. The petitioner was neither paid minimum of the regular pay scale of the Driver, nor his services were regularized, therefore, he has filed the present writ petition, seeking issuance of writ of Mandamus against the respondents for regularization of his services.