DAU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. In this writ petition, the petitioner is claiming regularization on the post of Driver w.e.f. 14.10.1993 - the date on which he was promoted on ad hoc basis.

(2.) Learned counsel for the petitioner submits that the petitioner was appointed on the post of Class-IV employee purely on temporary basis for three months vide order dated 16.3.1978 and subsequently his services were regularized on the post of Class-IV employee vide order dated 21.7.1981 but an order was passed on 14.10.1993 by the respondent No. 3 whereby petitioner was appointed as Driver on ad hoc basis. Later on, his case was considered for promotion on the post of Driver by the Department Promotion Committee in its meeting dated 06.09.2005 and accorded promotion as per recommendation of DPC on the post of Driver on regular basis vide order dated 31.10.2005. Learned counsel for the petitioner submits that since 14.10.1993, the petitioner was performing the duties of Driver, therefore, his services were to be regularized by the Departmental Promotion Committee on the post of Driver w.e.f. 14.10.1993 but instead of granting the benefits of promotion w.e.f. 14.10.1993, the Departmental Promotion Committee granted promotion w.e.f. 31.10.2005, therefore, the order impugned deserves to be quashed to the extent of granting promotion w.e.f. 06.09.2005 instead of 14.10.1993.

(3.) Learned counsel for the petitioner further argued that on one hand the petitioner was granted promotion on regular basis after 24 years on the post of Driver but during this period, his case was not considered for granting selection scale in accordance with the notification issued by the Finance Department of Government of Rajasthan on 25.1.1992 and at the time of granting promotion on the post of driver his case has been considered only from the date 06.09.2005, inspite of fact that since 1993, he was performing duties of driver on ad hoc basis, therefore, respondent are under obligation to grant promotion either w.e.f. 14.10.1993 or selection grade.