MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The controversy involved in the present case is very short, in as much as, earlier, a judgment had been passed by this Court on 24.4.1992, in the writ of the petitioner, being S.B. Civil Writ Petition No.93/1990. Thereafter, some inter-departmental correspondence ensued, and vide Annexure-4, it was found, that the petitioner may be paid emoluments of the post of Clerk during the period he had worked as such, and the petitioner would however continue as Helper. It was also directed that if the directions are violated in future, excess payment shall be recovered from the addressee. This has given rise to the present writ petition.

(2.) A look at Annexure-1 shows, that the petitioner was appointed as Helper, on work-charge basis, and was declared semi-permanent on 9.7.1986, with effect from 1.4.1985. The case of the petitioner was, that he is qualified to hold the post of LDC/Store Munshi, and he is discharging functions of LDC/Store Munshi since the date of initial appointment, and therefore, claimed to be regularised on the post of LDC, with effect from the date of initial appointment. Other contentions were also raised.

(3.) Allegations of the petitioner were controverted, by denying the allegation of the petitioner discharging the functions of the post of LDC/Store Munshi, and orders passed regarding regularisation of other persons were contended to be wrong, and having been withdrawn. This Court found, that the question as to whether the petitioner was discharging the duties of the post of LDC from the date of initial appointment, or from a later date, is a disputed question of fact, and no relief on that count could be granted to the petitioner for regularisation and fixation in the regular pay scale. Thereafter, this Court proceeded on the admitted facts, that the petitioner holds the requisite qualification, and is on the work-charge establishment for a pretty long time, and according to the learned counsel for the petitioner, the petitioner is entitled to be considered for absorption on the post of LDC in regular cadre, as a result of further proviso to clause (b) of sub-rule (1) of Rule 7 of the Rajasthan Subordinate Office Ministerial Staff Rules, 1957, which proviso was quoted. Then, reliance was also placed on earlier judgment of this Court, in Naga Ram Choudhary Vs. State of Raj. and others (SBCWP No.4501/90 decided on 16.1.1992) and then, the following direction was given: Petition is accordingly disposed-off in terms of the decision given in Naga Ram's case (supra) with a direction to the respondents to consider the case of the petitioner for appointment on the post of L.D.C. in pursuance of the rules as amended by notification dated 18.12.1989 as he fulfils all the conditions laid down therein within three months from today. Petitioner will be placed in the regular pay scale with effect from the date his services are taken on the regular cadre in terms of the aforesaid rules. There will be no order as to costs.