LAWS(RAJ)-2022-6-129

MUKESH KUMAR Vs. BOARD OF SECONDARY EDUCATION

Decided On June 29, 2022
MUKESH KUMAR Appellant
V/S
BOARD OF SECONDARY EDUCATION Respondents

JUDGEMENT

(1.) Present petition is filed with following prayers:-

(2.) Learned counsel for the petitioner submits that petitioner was appointed by Secretary, Board of Secondary Education, Rajasthan, Ajmer against a vacant regular post of Class-IV employee on 25/9/1993. Thereafter, he was discharging his duties of Class-IV employee in the respondent's office sincerely and has never been subjected to discontinuation or break in service. He was paid minimum wages per day since September 2003. In February 1996, the daily wagers were selected/regularized on Class-IV employee but petitioner was discriminated with and was deprived from the benefit of regularization, despite his seniority. He further submits that the petitioner was terminated on 23/11/1997. Against said termination order, petitioner raised a dispute and the same was referred to the Industrial Court, Ajmer, on the reference:-

(3.) Learned counsel for the petitioner has also relied upon the judgment in the case of Bhagwan Sahai v. Udyog Bhawan Common Facility Jaipur and anr.: 2009 (1) WLC 524. In the said case, the petitioner was reinstated in service as his termination was held illegal. It was held that the petitioner should also be held entitled to all those benefits (including regular pay scale and regular status) from such dates as given to similarly situated persons on ground of parity. In the light of the above, learned counsel for the petitioner request to grant the prayer sought in the petition.