SURENDRA KUMAR VYAS Vs. STATE

JUDGEMENT

(1.) BY filing the present writ petition, the petitioner has prayed for quashing the order dated 5/7/2000 and directing the respondents to fix him in the pay scale of UDC and few other ancillary reliefs.

(2.) THE facts of the case are that the petitioner was initially appointed on 27/9/1977 (Annex. 1) as weaving helper in the Rajasthan Small Scale Industries Corporation - respondent no. 2 on consolidated wages @ 150/- pm. Later on, the said wages were increased from 150/- to 350/- in the year 1980, from 350/- to 500/- on 29/3/1982 then from 500/- to 750/-and at last from 27/4/1991 Rs. 1200/- was allowed as consolidated wages to the petitioner.

(3.) IT is submitted by the learned counsel for the petitioner that during pendency of the writ petition, without any notice, the services of the petitioner were terminated vide order dated 5/7/2000, the petitioner filed application for amendment of writ petition and challenged the order of termination on the ground that he is working from last 23 years in the respondent department and getting Rs. 1200/- consolidated wages but without giving any notice or providing any opportunity of hearing, his services have been terminated, which is totally illegal. Though the said application for amendment of writ petition was opposed by the respondents, but this Court allowed the amendment application and petitioner filed amended writ petition and after considering the new facts and grounds raised in the amended writ petition, this Court vide order dated 21/7/2004 admitted the same. No reply was filed by the respondents to the amended writ petition. Petitioner filed additional affidavit on 27/11/2006 in which it was stated by him that the petitioner was working as weaving helper since 1977. After serving for about 23 years, the services were terminated on the ground that Government has not made available the funds for releasing salary to him, whereas, this ground is absolutely erroneous and is untenable because he was employee of Rajasthan Small Industries Corporation Limited, which is a Government undertaking thus, it was more or less Government Department and respondent department is organization of Government, therefore, Government is having complete control over the respondent corporation known as Rajasthan Small Industries Corporation Limited". In this additional affidavit it is stated by the petitioner that various persons working in the establishment like petitioner were transferred to various other centers and they are still continuing and getting regular pay scales after regularisation of services. In this connection he has invited attention of the Court towards an order passed on 1/9/1995, which is placed on record as Annex. A, whereby, one Shri Ram Kumar Gupta, who was holding the post of Senior Assistant has been promoted as Junior Accountant and transferred to Kota. His name appears at at serial no. 5 in Annex. A. With regard to one another person Shri Mohd. Hanif Usta, it is submitted that he was appointed along with petitioner but he is still continuing as State Government employee though he was appointed in Small Scale Industries Corporation. The petitioner has also placed on record Annex. `c', whereby, Mohd. Hanif Usta was transferred from DIC,bikaner to Rajasthali, Udaipur. Petitioner has also placed on record some more transfer orders of Mohd. Hanif Usta.