STATE OF RAJASTHAN Vs. RAJENDRA KUMAR VERMA

JUDGEMENT

(1.) THE instant appeal has been filed by the State and others the appellants against the judgment and order of the learned Single Judge dated 26.9.1997 passed in S.B. Civil Writ Petition No. 1329/94 filed by respondent -petitioner Rajendra Kumar Verma.

(2.) THE facts, as revealed by the record of this appeal are that the respondent -petitioner was appointed by the appellants on ad -hoc basis as a Stenographer (Grade II) with effect from 28.4.1975. Subsequently the appellant -State issued an order dated 15.3.1978 contained in Annexure. P. 5, according to which the Direction was issued that in case of an ad hoc appointee prior to 1.1.1976 possess the requisite qualification by passing a speed test from the prescribed Institution, he shall be treated as a regular appointee in service. The State -appellant, also, circulated the letters to various departments on 1.8.1978 contained in Annexure. P. 6 stating that such a requisite test can be passed from All Languages Short -hand Institute, Ajmer and to the same effect, another letter dated 2.8.1978 was issued by the State -appellant, which is contained in Annexure. P. 7. In view of these, the respondent -petitioner passed the said test in 1979 from the said institute and claimed regularisation from the date of his initial appointment. However, his representation was rejected and communicated to the respondent -petitioner in the year 1985 for the reason that the said requisite qualification, i.e., passing of the test from the All Languages Short -hand Institute, Ajmer, was not recognised by the State. On further enquiry, the same reply was given to the respondent -petitioner vide letter dated 1.8.1987 contained in Annexure. P. 46 to the petition. Instead of challenging the said orders rejecting his claim for regularisation, respondent -petitioner reagitated the issue before the competent Authority alongwith other issues, e.g., increments etc. It appears that some sort of impression/ assurance was given to him by the appellants that his matter was pending consideration, which is evident from various Annexures filed by the respondent -petitioner. The respondent -petitioner was, also, transferred in 1985 from Jodhpur to Barmer and the respondent -petitioner did not join the post there and remained absent from 1.5.1986 to 9.10.1986. The appellants ordered the respondent -petitioner to apply for privilege leave for this period so that it could be regularised but that, also, remained disputed as inspite of several letters, referred to in letter dated 18.12.1992 contained in Annexure. P. 61, the respondent -petitioner did not apply for such leave. The respondent -petitioner further claimed for regularisation, giving him annual grade increments etc. according to rules and giving all the consequential benefits to him. As the same remained pending for consideration of the appellants, the respondent -petitioner filed the aforesaid writ petition before this Court, which has been allowed by the judgment and order dated 26.9.1997 passed by the learned Single Judge granting him all the reliefs; hence this appeal.

(3.) MR . Lodha has submitted that passing of the speed test from All Languages Short -hand Institute, Ajmer had never been recognised by the State and the respondent -petitioner does not possess the requisite qualification even today and, therefore, not entitled for regularisation. Thus, the directions issued by the learned Single Judge to treat the respondent -petitioner as regularised from 1975 and pay the regular pay etc. are contrary to law.