RAJESH KUMAR CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has laid the instant petition seeking direction against the respondents to grant him semi-permanent status on the post of Store Munshi on completion of two years' satisfactory services with all consequential benefits, or in the alternative from the date same has been allowed to the other persons junior to him. Besides this, the petitioner has also prayed for a direction against the respondents to confer permanent status to the petitioner on the post of Store Munshi on completion of ten years' satisfactory services with all consequential benefits. The other ancillary reliefs are also prayed for by the petitioner including besetting of impugned orders Annex.12 & 13 respectively.

(2.) WITH a view to claim the aforementioned reliefs, the petitioner has inter-alia averred in the writ petition that at the threshold he was appointed on daily wages basis as Ledger Keeper i.e. in ministerial cadre with the Public Health & Engineering Department, Suratgarh, District Sri Ganganagar. Although he was appointed on workcharge basis but the respondents utilized his services in the ministerial cadre right from the inception of his service career. While referring to Rule 3 of the Rajasthan Public Works Department (B&R) including Gardens, Irrigation, Water Works & Ayurvedic Departments Work charged Employees Service Rules, 1964 (hereinafter referred to as 'Rules of 1964'), the petitioner has pleaded that he is entitled for the status of semi-permanent Store Munshi on completion of two years' satisfactory services and permanent status on completion of ten years' services. Asserting these facts, the petitioner has pleaded that the requisite status was not conferred on him but to his dismay the respondent department has granted him semi- permanent status vide order dated 3rd of August 1992 in the cadre of Belder w.e.f. 1.4.1990. The services of the petitioner was subsequently regularized as Beldar w.e.f. 1.4.1995 vide order dated 28th of February 2000. The said order was further followed by an order dated 29th of May 2007, whereby the petitioner was declared permanent w.e.f. 12th of July 1997.

(3.) THE grievances of the petitioner and other similarly circumstanced employees were appreciated by the Government and a decision was taken to grant semi- permanent status to those workcharge employees, who were though not appointed as Store Munshi but were discharging the duties of Store Munshi/LDC. The Government conveyed the said decision through the respective Executive Engineers of various divisions of the department vide its communication dated 20th of November 2006. In the order, it was clarified that semi-permanent status is to be granted to the incumbent on notional basis on completion of two years' service and the actual benefit is to be allowed and actual benefit were to accrue from the date of order granting such benefits. In adherence of the said communication, the sixth respondent divulged information to the Executive Engineer vide its communication dated 2nd of February 2007 alongwith statement/lists containing particulars of the workcharged employees who were discharging the duties of ministerial cadre. In turn, the Executive Engineer forwarded the same to the Superintending Engineer, Circle Sri Ganganagar and ultimately the Superintending Engineer transmitted the requisite information in the prescribed format to the second respondent by its communication dated 2nd of June 2007. By placing the said communication on record, the petitioner has pointed out that his name figures at Serial No.36 in the list.