SOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed under Article 226 of the Constitution of India before this Court by the above named petitioner in the matter of interpretation of the relevant Rules of the Rajasthan Public Works Department (B & R), including Gardens, Irrigation, Water Works & Ayurvedic Departments Work Charged Employees Service Rules, 1964 (hereinafter to be referred as the Rules ). The brief facts giving rise to the present writ petition are that the petitioner was initially appointed as Beldar in the year 1966 but has been discharging his duties as helper in installation and repair works of sanitary fittings with the respondents. Since there was no helper with the department during the relevant period the services of the petitioner were taken by the department for discharging the duties of the helper which the petitioner has been discharging for the last 10 years. It has been contended in the writ petition that the petitioner has submitted an application on 25. 6. 79 to the concerned authorities for appointing the petitioner as helper (vide Annex. 1), since the petitioner had been discharging the duties of the helper ever since his appointment as Sanitary Fitter. A perusal of the said application reveals that there is endorsement on the same both by the Assistant Engineer as well as Junior Engineer to the effect that the petitioner who was appointed as Beldar has been working as Sanitary Fitter for the past many years and his work is found to be satisfactory.

(2.) IT has been further contended by the learned counsel for the petitioner that the service record of the petitioner, lying with the respondents, will prove that the petitioner has been all through out doing the work as Helper in sanitary fitting and repair work and he has been successfully discharging his duties from time to time.

(3.) IN support of the above contentions, learned counsel for the petitioner cited example of similarly placed employees who were also promoted to the post of Jamadars and Helpers but even on the ground of parity the petitioner has been discriminated in violation of Articles 14 and 16 of the Constitution of INdia. The petitioner has consequently prayed that the non-petitioners be directed to appoint the petitioner as Helper from the date of his appointment i. e. with effect from 1966 or from the date he had completed two years service i. e. with effect from the year 1968. He has further prayed that he may be given the pay and wages for the post of Helper with effect from the due date as has been paid to the other similarly situated helpers.