RAMU Vs. S.K. RAJ. AGRICULTURE UNIVERSITY

JUDGEMENT

(1.) PETITIONERS No. 1 and 2 both are working as labour with the respondent -department since 20.11.1986 and 14.11.1986 respectively. Learned counsel for the petitioners has submitted that as per the Daily Wages Employees Welfare Scheme Rules, 1990 (for short 'the Rules of 1990' hereinafter), the petitioners are entitled to be appointed/promoted as Class -IV employee. However, the respondents are not providing this benefit to them.

(2.) A reply to the writ petition has been preferred on behalf of the respondents and it is admitted that the petitioners are working as labourers with the respondents since 1986 and it is contended that they are eligible for appointment/promotion on the post of Class IV employee under the Rules but since the vacancies of Class IV are not available, appointment/promotion could not be provided to the petitioners. Learned counsel for the respondents has staled that a fresh exercise will be done by the respondents in respect of the vacant posts of Class IV and if any such vacancy is available, the petitioners will be provided appointment/promotion on the post of Class IV as per the provisions of the Rules of 1990. In view of the submissions made by the learned counsel for the petitioners, the respondents are directed to consider the case of the petitioners for appointment/promotion on the post of Class IV under the Rules of 1990 after taking into consideration the fresh position of the vacant posts of Class IV available with the respondents. If the posts of Class IV are available, the benefit of appointment/promotion shall be given to the petitioners strictly in accordance with their seniority within a period of six months from today.