RAMESH CHAND SHARMA Vs. RAJ CIVIL SERVICE APPEL

JUDGEMENT

(1.) The petitioner entered in the services of the respondents being appointed as Nidhi Lipik on 13.2.1981 and permanent status was given to him on 23.12.1981. The Commissioner, Devasthan on 1.10.2004 recommended the State Government for grant of regular pay scale to Nidhi Lipiks, accordingly in the year 2008 the pay scale of Rs.2200-4500.00 was allowed to the petitioner. Being in Ministerial Cadre of Devasthan Department since 1981, the petitioner has claimed to be considered for regularisation by way of screening as per sub-rule (7) of Rule 25 of the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 ("for short "the Rules of 1957"). Reliance is placed by learned counsel for the petitioner upon a Division Bench judgment of this Court in State of Rajasthan Vs. Smt. Kanchan Devi (DB Civil Special Appeal (Writ) No.403/2001) decided on 4.9.2001. In the case aforesaid, it was held that the persons, who were not discharging any functions envisaged to be discharged by the staff to be recruited for self supporting temples under the Rules of 1959, but are working in Devasthan offices, are required to be treated as adhoc appointees, thus are entitled to be considered for regularisation by way of screening as per Rule 25(10) of the Rules of 1957.

(2.) From perusal of the facts of present case, it is apparent that the petitioner was not discharging any duties relating to a self supporting temple, but his services were utilising as Clerk in the office of Assistant Commissioner, Devasthan, Udaipur. The office of the Assistant Commissioner, Devasthan is an office under the State Government and, therefore, the petitioner's case in no way can be distinguished with the case of the petitioner in DBCSA(W) No.403/2001. In the instant matter, the petitioner was employed as Nidhi Clerk on 31.12.1981, therefore, he is required to be screened as per sub-rule (7) of Rule 25 of the Rules of 1957, that reads as follows:

(3.) For the reasons mentioned above, this petition for writ is allowed. The petitioner is declared entitled to be considered for regularisation by way of screening as per sub-rule (7) of Rule 25 of the Rules of 1957. The respondents are directed to screen the petitioner as per the provision referred above within a period of three months. The petitioner shall be entitled for all consequential benefits on notional basis. No order to cost.