RAJASTHAN STATE ELECTRICITY BOARD Vs. RAJESH KUMAR

JUDGEMENT

(1.) THIS appeal has been preferred by the Rajasthan State Electricity Board ( for short 'board') against the judgement of a learned Single Judge allowing the writ petition directing the Board to constitute an appropriate committee for absorption of the respondent in the regular service of the Board. The Board has further been directed to be given all consequential benefits with retrospective effect.

(2.) THE respondent-Rajesh Kumar was employed as an Orderly with effect from 18-1-1979 on a consolidated salary of Rs. 240/- p. m. at the residence of Shri J. N. Purohit, who was then the Chief Engineer working with the Board. THE respondent continued in the employment of Sh. J. N. Purohit and had been obtaining Rs. 240/- P. M. as salary. Sh. J. N. Purohit retired from service on 28th Feb. 1989 on attaining the age of superannuation. THEreafter, the respondent submitted an application on 3. 4. 1989 to the Board for his absorption in regular service of the Board. Alongwith this application, he also filed a certificate from Sh. J. N. Purohit that the respondent was in his employment as Class- IV employee and had rendered ten years satisfactory service. THE respondent was not absorbed, therefore, he filed the present writ petition mainly on the ground of discrimination and asserting violation of Articles 14 and 16 of the Constitution.

(3.) HAVING heard the counsel for the appellants, we are unable to sustain the judgment of the learned Single Judge. Rs. 240/- p. m. had been paid by the Board to Sh. J. N. Purohit by way of help to him to engage a domestic servant of his choice that did not bring about any relationship of employer and employee between the Board and the respondent. The respondent had no claim of being an employee of the Board by virtue of his engagement by Sh. J. N. Purohit. For all intends and purposes, it appears to us that the respondent was an employee of Sh. J. N. Purohit. As soon as Sh. J. N. Purohit retired, his employment also came to an end. It was, thereafter, that Rajesh Kumar moved an application for being regularised. During the time when Sh. J. N. Purohit was in employment, no claim of being an employee of the Board was ever made by Rajesh Kumar. The circular dated Jan. 6, 1979 did not bring about any relationship of employee and employer between the respondent and the Board. It simply offered a facility to its Engineers, who were given Rs. 240/- p. m. as a consolidated amount for being paid to the domestic servant. His terms and conditions were of a precarious nature and that did not make him an employee of the Board.