BHANWARI DEVI RAWAL (SMT.) Vs. STATE AND ORS.

JUDGEMENT

(1.) BY this petition for writ, a direction is sought by the petitioner to regularize him in service as Class -IV employee with respondents.

(2.) IN brief, the factual matrix of the case is that the petitioner was employed as a Cook at Government Hostel, Social Welfare Department, Osian on 03.09.1991. The respondents regularized the services of number of persons in Class IV cadre including the persons who were employed subsequent to the petitioner, thus, the petitioner submitted a representation to the competent authority and that came to be rejected by the Additional Director (Administration), Social Welfare Department, Jaipur on the count that the Screening Committee met on 21.02.2003 to consider cases of Part Time Cooks/ Chaukidars, on examination of record, found that the petitioner was not working on 01.05.1995 i.e. the cut off date for regularization and, therefore, it was not possible to regularize her in service. Being aggrieved by the same, this petition for writ is preferred.

(3.) THE respondents considered cases of the persons who were in employment with the Social Welfare Department on part time basis on 01.05.1995, and their services were regularized. The petitioner on the day concern was on leave, but she was certainly in employment of the respondents and, therefore, her case was also required to be considered for regularization in service. The respondents apparently committed an error while not considering candidature of the petitioner for regularization by treating her not in employment on 01.05.1995 though she was simply absent from the duty on that day.