LAXMAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner contends that he was appointed at first in February, 1983 on musterroll in Public Health and Engineering Department, City Division, Jodhpur. His grievance is that vide order dated 18.3.1988, seven persons named therein, who were appointed later than the petitioner, were declared semi - permanent work -charged Helper. The petitioner's name was not included therein. The petitioner claims for the relief that he too should be declared semipermanent with effect from 1st February, 1985; on completion of two years of service.

(2.) A reply has been filed in which it has been stated that petitioner was first appointed in February, 1983 but he voluntarily left work on 30th April, 1 983. Afterwards, on 1.8.1983 he was again engaged on muster -roll on daily wages. It is not disputed that since then he is continuing. A rejoinder has been filed stating that it is not correct to say that petitioner left at his own accord on 30th April, 1983 but his services were terminated by an order on 30.4.1983. It has been further stated in the rejoinder that even if the petitioner is deemed to be continuing with effect from 1.8.1983 still he has completed requisite period satisfactorily and, as an alternative, also prayed that the respondents may be directed to put the petitioner in the pay scale of Rs. 370 -530 on completion of two years of. service and they may also be directed to pay the petitioner amount whatever become due on this account. Learned Counsel for the petitioner places reliance on a decision of this Court in Om Prakash Meghwal and Ors. v. State of Rajasthan and Ors. S.B. Civil Writ Petition No. 3564/1 989 dated 27th March, 1991, reported in WLR 1991(S) Raj. 299, in which it has been held as under: Rule provides that if casual/daily wages work -charged employees have completed two years' service or more, they shall be eligible for semi -permanent status, if in the opinion of the competent authority their services are satisfactory,

(3.) THE petition is allowed. The respondents are directed to declare the petitioner semi -permanent with effect from 1.8.1985 and fix him in the pay -scale applicable to Helper with effect from 1.8.1985, with all consequential benefits.