FOREST LABOURS UNION Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition has been filed by the petitioner-Union having its Registration No. DRTU/bk/24/89 duly registered under the Indian Trade Unions Act, 1926 and is looking after the welfare of its members.

(2.) THE petitioner-Union has filed the instant writ petition seeking a direction from this Court to the effect that the workmen mentioned in Schedule 'a' to. the writ petition may be given ouasi-permanent and permanent status on the basis of length of their services in their respective Pay Scales with all consequential benefits on the ground, inter-alia, that the final seniority list of Daily Wage Workers mentioned in Schedule 'a' to the writ petition working under the Divisional Forest Officer, Hanumangarh has already been prepared indicating the length of their services. In paragraph 6 of the writ petition, the petitioner has disclosed the Standing Orders for workmen engaged in Forest Department of the Government of Rajasthan, which has come into force. Clause 3 of Chapter III of the said Standing Orders provides the following classification of workman: - "all workmen appointed to the services shall be classified as under : - (a) Casual (b) Temporary (c) Quasi-permanent (d) Permanent (A) Casual Workmen :- Shall mean those who are employed for a period for exceeding three months for work, which is essentially of a casual nature. (B) Temporary Workmen : Shall mean those who are employed in connection with a temporary increase in work or works expected last for a period exceeding 6 months. THEir employment shall last for the period the work or the appointment lasts. No notice shall be needed for the termination of their appointment. (C) Quasi-permanent: Shall mean workmen declared as such by the appointing authority. A workman who has rendered continuous service for a period of not less than two years may be declared quasi-permanent by the appointing authority after recording a certificate regarding the workmen's suitability for the conferment of such status. (D) Permanent: Shall mean workmen declared as such by the appointing authority. A. quasi-permanent workmen may be declared permanent against the permanent posts sanctioned from time to time preference being given on the basis of length of quasi- permanent service on the posts involving similar nature of duties. "

(3.) A close scrutiny of schedule 'a' to the writ petition reveals that the name of Shri Shiv Lal Meena finds. place at S. No. 5 having 4 year's services in the respondent's-department. The persons, who have three year's services in the department , they have been given quasi-permanent status in pursuance of the Standing Orders issued by the department but the same benefit has been denied to Shri Shiv Lal Meena, who was senior to the persons shown in Schedule 'a' to the writ petition from S. No. 6 to 16. In my considered opinion, Shri Shiv Lal Meena is similarly circumstanced with rest of the incumbents shown in Schedule 'a' and he is also entitled to be given Semi-permanent status in the department as have been given to others.