DESRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) LEARNED Counsel for the petitioner does not want to press the prayer (A) in the writ petition, however, submits that the petitioner has continuously worked and rendered satisfactory services with the respondents and therefore, the respondents may be directed to confer the status of semi -permanent on completion of two years of service from the date of his initial appointment and on completion of 10 years services, the permanent status. Learned Counsel for the petitioner has relied on decision of this Court in Rajendra Kumar and Ors. v. State of Rajasthan and Ors. SBCW No. 2833/05 decided on 21.09.2005 which came to be affirmed by the Division Bench in State of Rajasthan and Ors. v. Rajendra Kumar and Ors., D.B. Civil Special Appeal No. 234/07 decided on 23.01.2007, wherein the Division Bench while considering Rule 3 of the Work Charge Rules, 1964 held that the rule is plain. It came into force in the year 1964 and envisaged that all candidates who have two years or more service and their service is satisfactory shall be semi -permanent and those who had 10 years or more than ten years of satisfactory service shall be permanent. Thus only condition for conferment of status after recruitment to work charged establishment is the satisfactory completion of service for required period. The date of acquiring status is not deferred to making of appropriate order on considering record of service, though there may always be a hitus between completion of satisfactory service and such consideration by Competent Authority before he makes the order. If the service for requisite period is not satisfactory the acquisition of status may be postponed until completion of minimum period of satisfactory service. When such consideration about satisfactory nature of service is within the domain of the employer, the convenience of employer to make appropriate order cannot alter the date of acquisition of status under the rules.

(3.) A reply to the writ petition has been filed by the respondents and the respondents have not disputed that the services rendered by the petitioner is satisfactory.