DEEN DAYAL Vs. RAJASTHAN STATE TEXT BOOK BOARD

JUDGEMENT

(1.) THE petitioner, in the present writ petition, is praying for a direction to the non-petitioner for not terminating his services from June 5, 1989 and to regularise the services of the petitioner.

(2.) IT is stated by the petitioner that the respondent Rajasthan State Text Book Depot, Bi-lara (referred to hereinafter as 'the Bilara Depot') is a registered dealer of the stationery and book selling to the schools from Class I to Class VIII and the work continues throughout the year. According to him, the gross family income of the petitioner is less than Rs. 3,500 per year as per the certificate issued by the Block Development Officer. He submits that he had moved an application to the respondent Manager of the Bilara Depot for appointment on the post of peon and he was appointed as peon on daily wages on May 6, 1983 and his services were terminated on October 31, 1983. He had completed 179 days @ Rs. 9/- per day. It is submitted that he was again appointed as peon on daily wages on June 16, 1984 @ Rs. 8/per day but his services were again terminated on November 30, 1984 and he had completed 168 days. According to the petitioner, right from June 16, 1984 to August 17, 1988 he had been working with the respondent No. 2. The petitioner was again appointed on June 10, 1985 and the services were terminated on October 7, 1985 and he worked for 120 days. He was again appointed on June 19, 1986 up to September 30, 1986 and he worked for 104 days. The petitioner was appointed on June 1, 1987 upto July 31, 1987 and he had worked for 61 days and the petitioner was again given appointment on May 19, 1988 up to July 17, 1988 and worked for 60 days as per Annex. 1. The petitioner submits that he was again appointed on April 6, 1989 on daily wages @ Rs. 14/- per day on the post of peon and he had the apprehension that he may again be removed from service from June 5, 1989. The petitioner submits that he is working against a permanent vacancy and, therefore, he prays that the post of peon be offered to him on permanent basis.

(3.) A reply has been filed on behalf of the respondents. It is submitted by the respondents that selling of text books is normally done by the respondent No. 2 at the start of the academic session in the months of June and July each year. Some casual persons are appointed as book lifters in these two months and after selling of the books the main work of the selling is over and the persons appointed on daily wages are relieved. It is also stated that some times because of leave vacancy one or two persons are also appointed according to the need. It is submitted that in the book shop there is only one other employee working called the Manager or Jncharge and one person engaged as book lifter who is appointed in the month of June-July and for other period the so-called Incharge or Manager works himself. According to the respondents it is just like a shop selling text books during the academic session. It is stated that the petitioner had mixed up with the said Manager/incharge who is said to have offered him the post of peon in the month of April, 1989 which the Manager/incharge cannot do as he was not authorised to do so. It is denied that there is any permanent post with the respondents and it is further submitted that it is only during the period of June and July that some extra hands are employed to cope with the work of selling of text books and the petitioner is similarly employed for one or two months in a year. It has been categorically stated that there is no vacant post available on which the petitioner could be adjusted.