SHANTI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was employed as Cook at the consolidated salary of Rs. 600/- per month in the Department of Social welfare at Govt. Ambedkar Scheduled Tribe Hostel-II on 15. 9. 1995. As per the averments contained in petition for writ she is continuing as such, from the date of her initial appointment, but the respondents have not regularised her services though the consolidated salary has now been enhanced as Rs. 1800/- per month.

(2.) IT is stated by the learned counsel for the petitioner that the case of the petitioner is required to be considered for regularisation as per sub-rule (4) of Rule (6) of the Rajasthan class IV Services (Recruitment and Other Service Conditions)Rules, 1999. Sub-Rule (4) aforesaid was added with the Rules of 1999 vide the Rajasthan Class IV Services (Recruitment and other Service Conditions) Rules, 2009 and that prescribes that if any person employed on the post referred in column No. 2 opposite to Sr. No. 4, de hors the rules and is continuing as such upto 10. 4. 2006 by completing services of ten years without any interception of the Court or Tribunal, then his / her services shall be screened for the purpose of regularisation by the competent committee referred therein.

(3.) ACCORDING to the learned counsel for the petitioner, the case of the petitioner is also required to be examined and screened as per provisions referred above. It is also stated that this Court in similar case i. e. Durga Ram Vs. State and Ors. (SBCWP No. 920/2007) decided on 12. 8. 2009, while relying upon the same provision directed the respondents to consider the case of the employee concern in light of the scheme framed for screening and while doing so, to keep in consideration the judgment delivered by the Hon'ble Supreme Court in case of uma Devi reported in 2009 (1) CDR 626 (Raj. ).