RAJENDRA PRASAD GUPTA Vs. RAJASTHAN STATE ROAD TRANSPORT CORPORATION THROUGH ITS EXECUTIVE DIRECTOR (LAW)

JUDGEMENT

(1.) The instant petition has been filed by the petitioner for seeking a direction to regularize his services and further claim of regular pay scale has been made from the date of his initial appointment i.e. 27.04.1987.

(2.) The petitioner had earlier filed S.B.Civil Writ Petition No.5585/2012 with the same prayer and this Court on 14.06.2014 passed an order and gave a direction to consider the case of the petitioner for regularization and further, direction was given to pass appropriate order regarding payment of salary in regular pay-scale. The Court further observed that prima facie the case was made out for regularization as well as regular pay-scale in terms of judgment of Supreme Court in the case of Secretary, State of Karnataka and Ors. Vs. Uma Devi and ors., reported in (2006) 4 SCC 1.

(3.) The Corporation-employer filed D.B.Civil Special Appeal (Writ) No.1535/2014 before this Court. The Division Bench, on 25.01.2016, took into account an order dated 23.07.2014 passed by the Corporation fixing the petitioner in regular pay-scale in the cadre of Conductor w.e.f. 17.07.2014 and putting the petitioner on probation for one year. The Division Bench observed that since the order dated 23.07.2014 is already under challenge in the instant petition and as such, the appeal of the Corporation was dismissed and further Court observed that what will be the date of regularization, the impression gathered by the employer was found to be misconceived and the proceeding before this Court with regard to validity of order dated 23.07.2014 was to be examined independently without being influenced by any opinion expressed by learned Single Judge in earlier round of litigation.