GEDA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD Mr.Geda Singh present in person. The review applicant claims to have been appointed as Lower Division Clerk (hereinafter referred to as 'the LDC') under the Tesildar, Tehsil Nagar, District Bharatpur on 26.3.1997 on contract basis on a fixed pay of Rs.1800/- per month. Prior thereto, in response to a requisition of the District Collector, Bharatpur for appointment of LDCs and Class-IV employees from amongst Ex-military persons, the Soldier Welfare Board, Bharatpur had forwarded his name. According to the petitioner, though he was appointed against a cadre post and though he was made to render services as full-fleged LDC, he was not extended the regular pay scale. Eventually, his services were dispensed with on 28.2.2001. He has approached this Court to annul the order of termination of his services and to direct regularization in the post of LDC and payment of regular pay scale for the post.

(2.) BY order dated 9.5.2001 rendered in S.B.Civil Writ Petition No.1295/2001, the petition was dismissed. Being aggrieved, he preferred D.B.Civil Special Appeal (Writ) No.329/2003 which was barred by time. According to the review applicant, though he had engaged his counsel who did file his vakalatnama on 9.3.2005, his name was not shown in the cause list of 23.5.2005. In the absence of his learned counsel, this Court by order of the same date i.e.23.5.2005 declined to condone the delay of 307 days in filing of the appeal and rejected the application under Section 5 of the Limitation Act. As a result, the appeal was also dismissed.

(3.) HOWEVER , on an examination of the pleaded facts which disclose admittedly that the review applicant had been appointed as LDC on 26.3.1997 on purely contract basis, we are not inclined to interfere with the decision rendered by the learned Single Judge. It transpires from the record without any element of doubt that the contract appointment of the review applicant alongwith others similarly situated had been terminated pursuant to a decision taken on principle to discontinue them on and from 28.2.2001. This is evident from Annexure-4 to the writ petition.