SAROJ DEVI Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS is second round of litigation wherein the petitioner has approached this Court praying for the following relief(s): - -

(2.) BRIEFLY , the indispensable essential materials facts necessary for appreciation of the controversy raised in the instant writ application are: that the petitioner approached this Court by way of S.B. Civil Writ Petition No. 2260/1995 - Smt. Saroj Devi v. Settlement Commissioner & Ors., which was adjudicated upon by a Coordinate Bench of this Court vide judgment and order dated 4th November, 1996, holding thus: - -

(3.) IN response to the notice of the writ application, the respondents have filed their counter -affidavit pleading that vide order dated 30th October, 1998, the petitioner has been accorded minimum of the pay scale and allowances as admissible to Class -IV employees. Further, condition No. 2 specifically stipulated in the order dated 30th October, 1998, that the employees will not be entitled for increments of pay. It is further detailed out that the petitioner was not in possession of the essential educational qualification of having passed Class -V, therefore, she could not be regularized. However, the State Government vide order dated 15th November, 2007, has decided to grant relaxation in the educational qualification, in the cases of employees working on daily wages basis, and accordingly, vide order dated 18th December, 2007, the petitioner has been accorded regularization on the post of Class -IV. The claim of parity with that of Smt. Radha Devi has been repelled for the reason that the benefit of regularization in favour of Smt. Radha Devi was extended in compliance of the order dated 27th January, 2005, subject to the decision on the intra -court appeal, wherein the judgment and order of the learned Single Judge dated 27th January, 2005 was assailed.