SUNNY PATRAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -The petitioner initially preferred this writ petition on 7th June, 2004 with a prayer to issue appropriate writ, order or direction directing the respondents to regularize his service on the post of LDC and to grant him the selection scale on completion of 9 years of service, which he completed on 17th February, 1998. This Court issued notice to show cause to the respondents on 10th June, 2004 for 17th June, 2004. The notice of stay application was also issued. However, the respondents terminated the service of the petitioner vide order dated 10th June, 2004 itself. The petitioner moved an application for amendment in the writ petition challenging his termination order dated 10th June, 2004. This Court allowed the application for amendment in the writ petition and thereafter petitioner filed the amended writ petition.

(2.) The brief facts of the case are that respondents created a post of Lower Division Clerk in Zila Sainik Board. Ajmer under PEXSEM scheme vide order dated 7th February, 1989 and petitioner was appointed on the post of L.D.C. Vide order dated 18th February, 1989 upto 28th February, 1989. The service of the petitioner was extended from time to time. The PEXSEM scheme was closed and petitioner was thereafter absorbed and was posted vide order dated 30th May, 1996 (Annexure 5) issued by Director, Soldier Welfare Department, Rajasthan, Jaipur Soldier Welfare Department, Rajasthan, Jaipur along with one similarly situated person Shri Bajrang Singh Arya, LDC. Vide order dated 19th August, 1997 (Annexure-6), the respondents- Director extended the service of the petitioner till further order. The similarly situated person Bajrang Singh Arya was granted first selection scale on completion of 9 years service by the respondent-Director vide order dated 3rd June, 1997 with effect from 12th August, 1996, therefore, the petitioner filed an application for grant of selection scale on completion of 9 years of service as on 17th February, 1998 vide his application dated 20th December, 2002. The case of petitioner for grant of selection scale was not considered and decided, hence the petitioner served a notice of demand of justice on the respondents on 3rd June, 2004 and ultimately filed the present writ petition for regularization of his service and grant of selection grade. During the pendency of this writ petition, the service of petitioner was terminated and writ was allowed to be amended.

(3.) The respondents in their reply to the writ petition contended that petitioner was appointed on the post of LDC on temporary basis under the PEXSEM scheme and after closer of PEXSEM scheme, the petitioner was absorbed as per absorption rules, but the Director without seeking permission absorbed the petitioner, therefore, as per Government order it was directed that absorption of the petitioner is not in accordance with the Rules and as such his services cannot be regularized. So far as termination order of petitioner dated 10th June, 2004 is concerned, the respondents, in para 12 of the reply contended that the State Government directed to terminate the service of the petitioner and in pursuance thereof the service of the petitioner was terminated and it was mentioned in the order itself that one month's salary will be payable to petitioner in lieu of notice.