MAHENDRA SINGH HADA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties at length.

(2.) The grievance of the petitioners as unfolded by this writ petition in short is that the petitioners were initially appointed as Hot-Line Operators on 22.11.1986 in the office of the District Collector, Kota (respondent No. 2). The said appointments were made after the petitioners had undergone the requisite training, required for appointment as Hot-Line Operators. This fact is borneout from the departmental certificate (Annexure-1). After the completion of the training, the petitioners were sent to the Collectorate, Kota by the Dy. Controller of Civil Defence, Kota in terms of his letter dated 22.11.1988 (vide Annexure-2). The petitioners reported for duty on the same date i.e. 22.11.1988 and this fact is borne out from the joining report of the even date (vide Annexure-3). The petitioners thus acquired requisite practical training and experience on account of their having worked continuously without any break as Hot-Line Operators. During the course of hearing, learned counsel for the petitioners has contended at the bar that from time to time respondent No. 2 had made favourable recommendations for the petitioners for their temporary appointment on the post of Hot-Line Operators. In view of the State Government's order dated 14.6.1987, the Hot-Line Operators in the District Collectorates were to be constantly ready for performing their duties and the hot-line was to be kept in operation round the clock.

(3.) Since the petitioners had been continuously discharging their duties as Hot-Line Operators uninterruptedly w.e.f. the date of their appointments i.e. 22.11.1988, they made representations to the respondents for regularisation of their services and this fact is borne out not only from the representations, which are on the record, but also from the favourable representations, made in this regard by the various authorities including District Collector, Kota (respondent No. 2) vide Annexures-10, 11 and 15 respectively. In the meanwhile pursuant to the aforesaid representations of the petitioners, the respondents sanctioned 4 posts of LDCs in District Kota vide Annexure-9, dated 28.12.1989 for hot-line operations and the appointment of the petitioners as Hot-Line Operators (LDCs) is confirmed from this document as well as the recommendation letter dated Jan., 1990 (Annexure-10) on the record. It has further been contended by the learned counsel for the petitioners that on 20.4.1991 (vide Annexure-19) on the record, the petitioners were fixed in the minimum of pay-scale of Rs. 950.00 to Rs. 1,680.00 + D.A. This order subsequently came to be amended (vide Annexure-20) dated 8.4.1992 by which the petitioners were given the benefit of regular pay-scale of LDCs i.e. Rs. 950.00 to Rs. 1,680.00. This pay scale was made effective retrospectively w.e.f. 13.2.1991 in pursuance of the State Government's order dated 13.2.1991 (Annexure-18) on the record.