RAM CHAND MEENA Vs. STATE

JUDGEMENT

(1.) THIS writ petition has been filed in the year 1996 with the prayer that respondents be directed to consider the case of the petitioner for conferment of semi permanent status when he completed two years of service and further confer to him permanent status on the post of Cook as he has completed 10 years of regular service and accordingly grant him regular pay scale of permanent status of the post of Cook from the date of his initial appointment i.e. 1/8/1995 with all consequential wages.

(2.) CONTENTION of the learned counsel for petitioner is that petitioner has been appointed on the post of Cook on 1/8/1995 and since then, he is regularly working with the respondents but he was being only paid daily wages and not regular wages. Learned counsel referred to the appointment order of the petitioner dated 2/9/1994 to show that by that order he was for some time in between engaged to Deputy Project Officer (MADA) on consolidated payment of Rs.22.00 per day. It was contended that petitioner is a physically handicapped person and is entitled to appointment in the quota reserved for handicapped persons as per Rule 2 of the Rajasthan Employment of the Persons with Disabilities Rules, 2000, which provides as under:-

(3.) SHRI B.S. Rajawat, learned Deputy Government Counsel opposed the writ petition and submitted that appointment of the petitioner was made purely on contract basis and that his appointment was not made by following any regular mode of recruitment. There can be no direction for regularisation of such an employee. His appointment was not made against any vacant sanctioned post. He was merely engaged on part time basis. Petitioner did not acquire any right to remain in service. Learned counsel also submitted that such appointee do not have any right to continue in employment particularly when appointment of the petitioner was on part time basis. It is not known whether petitioner was still in service.