RAMU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant petition has been filed by the petitioners for issuing directions to the respondents to grant semi-permanent status and regular pay scale to them on the post of Beldar from the dates of their initial appointment and in the alternative to grant them semi-permanent status after completing two years service from their initial appointment.

(2.) AS per the factual-averments made in this petition, the petitioners were appointed as Beldars in 1988 and onwards and their services are governed by the Rajasthan (Public Works Department (B&R) including Garden, Irrigation, Water Works and Ayurved Departments) Work-charge Employees Service Rules, 1964 (hereinafter referred as "the Rules, 1964). During the pendency of the writ petition, the respondents had granted the semi- permanent status and all the reliefs which are available to the semi-permanent employees as is evident from the orders dated 24.8.95 (Annexure R. 1) and 16.9.95 (Annexure R. 2) to the reply. The grievance of the petitioners is that under the provisions of the said Rules, they are entitled for the semi-permanent status from the date they completed two years' continuous service from the date of their initial appointment.

(3.) MR. Jasmatia, learned Additional Advocate General, on the other hand, has submitted that the cases referred to above by the learned counsel for the petitioners have not correctly been decided for the reasons that the interpretation given to the relevant provisions have rendered part of the Rules nugatory. The relevant provisions involved therein are contained in rule 2(a) which defines the "work-charge employees" as "any person actually employed for or on the execution and/or supervision of works both original and maintenance, supervision of departmental labour, stores, machinery and works, etc. paid on daily or monthly basis". Rule 3 lays down the categorisation which reads as under :- "(1) Work charged employees (including the regular technical staff of Water Works Department) for the purpose of these rules shall be divided into the following three categories : (i) Permanent Status, (ii) Semi-permanent status, and (iii) Casual: Provided, however, that nothing in these rules shall entitle any work-charged employee, categorised permanent or semi-permanent to claim the status of benefits of permanancy or semi- permanancy to which a regular Government employee is entitled under the Rajasthan Service Rules. (2) Employees, who have been in service for ten years or more, shall be eligible for the status of permanent work-charged employees pro- vided their record of service in the opinion of the competent authority is satisfactory. (3) Employees in continuous service for two years or more except those covered by sub-rule (1) shall be eligible for the status of semi-permanent work charged employees or of semi- permanent regular technical staff, provided their record of service in the opinion of the competent authority, is satisfactory. (4) No employee shall acquire the status specified in sub- rules (2) and (3) without the prior sanction of the competent authority, as may be notified by the Head of the Department from time to time. Clarification:- It has been observed that in the matter of declaring of semi-permanent or permanent status of work-charged employees under rule 3 of the Rajasthan Public Works Department (B&R) including Garden, Irrigation, Water Works and Ayurvedic Department Work Charged Employees Service Rules, 1964, a uniform policy is not being adopted by the departments where work-charged employees are engaged. The casual work-charged employees are declared as semi- permanent and allowed regular pay scale with other benefits likes leave, medical facilities, travelling and daily allowances etc., as soon as they complete 2 years under the plea that it is obligatory to declare them semi-permanent on completion of 2 years according to rule 3 of the above said Rules.