MOHAN LAL BUNKAR Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS writ petition has been preferred by Mohan Lal Bunkar inter alia with the prayer that the respondents be directed to grant him semi permanent status and permanent status on completion of two and ten years of service respectively from the date of initial appointment under Rule 3(2) and 3(3) of the Irrigation (Water Works, Ayurvedic & Forest Department),Work Charged Service Rules, 1964 and pay all the consequential benefit including the arrears.

(2.) THE facts of the case are that the petitioner was initially appointed on daily wage basis by order of the Deputy Director, Ayurved Department, Government of Rajasthan dated 28.11.1983. He continued to work with them till he was removed from services on 19.1.1985. An industrial dispute was referred to the Labour Court on the question of correctness of his removal. The Labour Court, Jaipur vide award dated 8.9.1993 directed his reinstatement with full back wages and continuity in service. The petitioner was thereafter reinstated in service. The respondents again started paying him remuneration on daily wage basis. Petitioner preferred a writ petition No. 3111/1995 claiming benefit of regular pay scale. This Court by judgment dated 2.4.1997 allowed the writ petition and directed the respondents to pay to the petitioner the salary at the minimum of the regular pay scale of Ward Boy with effect from March, 1995.

(3.) LEARNED counsel for the petitioner has produced for perusal of the Court a copy of the award dated 20.9.2007 passed by Industrial Tribunal, Jaipur in identical case of Kailash Chand Sharma, Case No. ITR 49/2002 and argued that the worker in that case was held entitled to semi permanent and permanent status on completion of two years and ten years of Section under Rule 3(2) and (3) of the Work Charge Rules, 1964. When the compliance of the aforesaid judgment was not made, the said Kailash Chand Sharma approached this Court by filing writ petition No. 2017/2009. This Court by judgment dated 4.10.2010 allowed the writ petition on the respondents admitting that they have decided not to challenge the award of the Industrial Tribunal and thus award has attained finality. In compliance of the aforesaid award and judgment of this Court, the respondents have granted the benefit of semi permanent status to the said Shri Kailash Chand Sharma. The said Shri Kailash Chand Sharma was initially appointed on 17.4.1993. In compliance of the judgment, he was granted semi permanent with effect from 17.4.1995 on completion of two years of service and permanent status with effect from 17.4.2003 on completion of ten years of service. He was granted regular pay scale with effect from the conferment of semi permanent status on 17.4.1995 with all consequential benefits. However, he has been granted notional benefits from the date on which he was conferred semi permanent status upto 31.12.1997 in terms of the Government circular dated 18.6.1998.