MURARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioners, praying that the orders dated 12.12.1996 and 13.12.1996 (Annexure-12 to Annexure-15) be quashed and set aside. Further, it is prayed that directions be issued to respondents No. 1 and 2 to hold performance test and regularise the services of the petitioners. Further, the prayer made by the petitioners is that directions be issued to respondent No. 3 to take the petitioners in employment, if it is found that they are not entitled to earlier relief.

(2.) Broadly speaking, the facts of the case are that all the four petitioners were appointed on the post of L.D.C. in the Judgeship of Dholpur, on adhoc basis after regular selections under the Rajasthan Subordinate Civil Courts Ministerial Establishment Rules, 1986. The particulars of each petitioner are as under:

(3.) Since the aforesaid transfers and postings of the petitioners, made by respondent No. 2, they had been working on the post of State Government without any break or any compLalnt in respect of the work. Thereafter, in the year 1996 i.e. after lapse of more than six years, the respondent No. 2 had ordered that they should join back at Dholpur Judgeship. The said orders are impugned in this writ petition (Annexure-12 to Annexure-15). It had been mentioned in the impugned orders dated 12.12.96 and 13.12.96 that the transfers of the petitioners to Government offices were not valid as the relevant service rules are different. The employees of the State of Rajasthan are governed by Rajasthan Subordinate Office Ministerial Staff Rules, 1957 while the employees of subordinate Courts are governed by the Rules of 1986. It is to be noted here that at the time of issuance of the impugned orders by respondent No. 2, there had been no vacancy of L.D.C. in the office of Dholpur Judgeship.