HARKI BAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Hirki Bai has filed the present writ petition assailing the show cause notice dated 8. 10. 2002 (Annex. 4) whereby her services were sought to be terminated on the ground that she did not possess the requisite educational qualification of eligibility for appointment on the ost of cook. She further prayed that the respondents be directed to regularize her services as Class IV from the date of initial appointment.

(2.) AS per Rajasthan Class IV Service (Recruitment and Other Service Conditions) Rules, 1963 (for short hereinafter referred as `the Rules of 1963), the petitioner was initially appointed on 25. 8. 1987 on the post of cook on temporary basis on fixed pay of Rs. 286/- per month as would be evident from the schedule appended to order dated 27. 9. 1997 (Annex. 3 ).

(3.) LEARNED counsel for the petitioner has relied upon the recent judgment of this Court in S. B. Civil Writ Petition No. 5997/2003 (Ramlal vs. State of Rajasthan & Anr.) delivered on 26th April, 2006 pertaining to the same dispute and involving the same question with regard to relaxation of eligibility qualification, although the petitioner therein was holding the post of sweeper. The learned Single Judge in the facts of the aforesaid case observed as under:- " The petitioner is claiming appointment to a post which is at the lowest pedestal in the hierarchy of the Government servants and which is normally occupied by the persons belonging to the lowest rung of the social order. The petitioner is a member of Scheduled Caste having experience of about more than six years to work as sweeper, therefore, sufficient reason was available with the appointing authority to extend relaxation in favour of the petitioner to regularize his services as such. "