ANUJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, who was working on Job work basis in the respondent Public Health and Engineering Department (PHED, for short) for typing work and was initially given such work contract vide Annex. 3 dated 17.11.1997 by the office of Executive Engineer, PHED, Churu, giving him the job work of typing @ Rs. 3/ - per page and Rs. 1.5/ - per carbon copy for the typing work, but the petitioner has claimed in the writ petition that he be declared semi -permanent and the respondents be directed to give him the regular pay scale from the period when he had completed two years of service along with the arrears. The petitioner has sought following reliefs:

(2.) THE petitioner also produced the copy of the order (Annex. 4) whereby he was paid a sum of Rs. 3924/ - for such job work done by him under Bill No. 5 dated 05.10.2005. Mr. Ramrakh Vyas, learned counsel appearing for the petitioner relied upon the office order (Annex. 5) dated 13.11.2009 by which amongst other employees, the petitioner's name is also shown as 'Anuj Kumar', Computer Operator in the office of Executive Engineer, PHED, Churu, and he has also produced a Certificate issued by the Executive Engineer to the effect that his work as Computer Operator is satisfactory.

(3.) ON the other hand, Mr. N.K. Mehta, learned Addl. Govt. Counsel (PHED) opposed these submissions and urged that there is no regular post of Computer Operator available in the respondent Department and the petitioner was assigned the work on job basis to do certain typing works and later on he was asked to do the same work as Computer Operator, though on job basis in the respondent Department, and therefore, there is no question of giving him the status of semi permanent employee nor his services could be regularized, as he was working only on job basis.