NARENDRA KUMAR CHANDWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A short question is involved in this case and it is as to whether if under the Rajasthan Work Charge Employees Service Rules, 1964 (for short the rules) a person is appointed on a post, for example on the post of Balder, the work of the post say of the post Store-munshi, a higher post, is being taken from him for a period for one or two years, whether he is entitled to the conferment of semi permanent permanent status under the rules on the post of Balder or Store-munshi.

(2.) SOME facts are not disputed and they are these : The petitioner was initially appointed on the post of Helper, as work-charge employee in the month of October 1979 and under order dated 11th October 1982, the status of semi-permanent employee i. e. Helper was conferred on him w. e. f. 1st April 1982. Though, it is the case of the petitioner that since the date of his appointment he was working as Store-munshi, under the supervisor of work shop section but in the reply the respondents have come out with a case that he was only working as Store-attendant. It does in appear the petitioner was working in work-shop section under the Supervisor and the work of preparation of bill and maintenance of registers was being taken from him. It can also be said that the petitioner was maintaining stock ledger posting, personal ledger posting, furniture issue receipts for the Ministers, M. L. As. etc. and from time to lime recommendations were made that he should be appointed as Store munshi. But no decision was taken. The post of Store-munshi was abolished under order Annex. R-l dated 11th September 1989 and in place of the post of Store-munshi, a post in the cadre of L. D. C. was to be provided.

(3.) IN my opinion, the position of law is that if one is appointed on a post, he is entitled for conferment of semi-permanent or permanent status depending on the fact whether he has completed two years or 10 years of service, as the case may be. If the work of higher post is taken from him, he may be entitled for minimum salary in the pay scale of that post on the principle of 'equal Pay for Equal Work. ' Unless there are specific orders either promoting or appointing him on higher post, merely because he was working on higher post or the work of higher post was being taken from him he cannot be held entitled for semi-permanent or permanent status under the rules.