STATE OF RAJASTHAN Vs. ABDUL GAFFAR

JUDGEMENT

(1.) This appeal is directed against the order dtd. 6/1/2023 passed by the learned Single Judge, by which the appellant State has been directed to extend the same benefits to the respondent writ petitioner, as has been extended in the case of other employees, namely, Hemraj and Durga Lal Khatik.

(2.) Shorn of unnecessary details, brief factual matrix necessary for disposal of this case is that the respondent writ petitioner was initially appointed as Class-IV employee on 10/12/1985 on daily wage basis. In course of time, respondent was considered for regularization and his services were regularized w.e.f. 31/3/1994. He thereafter earned selection grade vide order dtd. 8/9/2003 upon completion of 9 years of service. Successive selection grade upon completion of 18 years of service was also granted. The respondent was promoted to the post of LDC on 29/6/2010.

(3.) It appears that two other daily wages employees, who were appointed along with the petitioner, namely Durga Lal Khatik and Hemraj had raised an industrial dispute and an award came to be passed in their favour by the Labour Court granting them benefit of regular appointment with effect from the initial date of appointment i.e. the date when they were appointed on daily wages basis. The State unsuccessfully challenged the award by filing writ petition which was dismissed. A writ appeal was though filed, the same was also dismissed for want of prosecution.