DHULA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the petitioners submits that each of the petitioners have completed more than ten years of service on their respective post(s). Learned counsel has placed before this Court, the chart showing the relevant details in respect of the present petitioners, pertaining to their service record. The said chart is reproduced as hereunder: <IMG>JUDGEMENT_250_LAWS(RAJ)1_2023_1.jpg</IMG>

(2.) Learned counsel for the parties jointly submit the controversy is covered by the order passed by a coordinate Bench of this Hon'ble Court in Mahaveer Prasad Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.11611/2013) on 18/2/2022. The order reads as follows: "The facts of the case are as under: The petitioner was appointed as Cook-cum-Chowkidar with the respondent-Department on 1/11/1995. His services were retrenched on 1/3/1997 against which a claim was filed before Labour Court, Bikaner (hereinafter referred to as 'the Labour Court'). Vide award dtd. 27/1/2001, the Labour Court proceeded on to allow the claim of the petitioner and the petitioner was declared to be entitled to reinstatement with continuity in service. A writ petition was preferred by the State against the award passed by the Labour Court which was dismissed on 25/2/2002 and consequently the petitioner was reinstated in service on 19/10/2002. From 1/8/2005, the petitioner was again not permitted to work. In the circumstances, the petitioner again preferred a writ petition being Civil Writ Petition No.4979/2005 which was allowed vide order dtd. 2/9/2008 and in pursuance thereof the petitioner was reinstated on 6/6/2009. After being reinstated when services of the petitioner were not regularized he preferred a writ petition being Civil Writ Petition No.283/2011 and the same was disposed of vide order dtd. 12/1/2011. In the said writ petition it was observed and directed as under:

(3.) In light of the aforesaid order, the present petitions are allowed in the same terms. The respondents are directed to regularize the services of the petitioners after completion of 10 years from the date of their initial appointment. The petitioners would be entitled to all the consequential benefit thereof. The said exercise be completed by the respondent-Department within a period of three months from the date of receipt of the copy of this order.