RAJASTHAN STATE ELECTRICITY BOARD JAIPUR Vs. ASHOK LAL

JUDGEMENT

(1.) RAJASTHAN State Electricity Board, (for short 'board') and its Assistant Engineer (for short 'ae') have filed this Special Appeal under Section 18 of the RAJASTHAN High Court Ordinance against the judgment and order dated 25th Oct. 1990 passed by learned Single Judge in S. B. Civil Writ Petition No. 647 of 1989. The writ petition was allowed with costs of Rs. 1000 to the respondent with a direction to the appellants to give appointment in class IV to the respondent w. e. f. 9. 5. 1989 with all consequential benefits.

(2.) THE respondent, Ashok Lal, alleged in the writ petition that he was appointed as an Orderly vide order dated 15. 6. 1982 by the Assistant Engineer (O&m), RSEB, Bikaner (Annexure 1 to the writ petition), on a monthly salary of Rs. 240. He had been working continuously at the residence of Sri A. K. Sharma, AE. He prayed the Board to increase his salary and regularise his services from time to time but to no avail and aggrieved, he filed the aforesaid writ petition.

(3.) ANOTHER fact which needs emphasis at this place is that if the petitioner actually was treated himself to be an employee of the Board, regularly appointed, what prevented him from making any representation before the appropriate authorities? He filed this writ petition on 3/12/1990 whereas he was appointed by the Assistant Engineer on 15. 6. 1982. One fails to understand as to why he did not make such claim before. That being so, the question of Articles 38 and 39 does not come into picture. Mere omission on the part of the Board to produce the result of the Screening Committee, in which the respondent was interviewed would also not clothe him with any right to become a regular employee.