MOHAN LAL HARIJAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has challenged the order dtd. 13/8/2014 dismissing his representation filed pursuant to this court's order dtd. 28/4/2014 in SBCWP No. 1007/2013.

(2.) The facts of the case are that the petitioner a Scheduled caste was appointed part time as Class-IV-cum-Sweeper on 13/7/1990 in the office of Assistant Engineer (132 KV GSS) Raj Rajya Vidyut Prasaran Nigam Ltd. Neemkathana District Sikar on a consolidated salary of Rs.100.00 per month. The salary was increased to Rs.150.00 per month with effect from 29/5/1994. The petitioner's SBCWP No. 1710/1995 was decided on 18/12/1996 with a direction to respondent RSEB for payment of minimum pay in the pay-scale of class-IV-cum-Sweeper w.e.f. 1/1/1997. On challenge by the RSEB before the Division Bench, in Special Appeal No. 1271/1997 the appeal was disposed of on 16/8/2001 with a direction that the petitioner be paid consolidated salary Rs.1250.00 per month w.e.f. 1/1/1997 also requiring that in view of long service of the petitioner, he be considered as per law for regularization on the post held.

(3.) The petitioner was then aggrieved of not being regularized. He then preferred SBCWP No. 6590/2002. That came to be dismissed on 2/10/2005. The petitioner again filed SBCWP No. 1007/2013, which in view of the judgment of the Apex Court in Secretary State of Karnataka v. Uma Devi [(2006) 4 SCC 1] came to be decided on 28/4/2014 requiring the petitioner to make a representation before the Chairman and Managing Director, RRVPNL. On representation made his case for regularization was to be considered with reference to the Rajasthan Class-IV Service (Recruitment and other Service Conditions) Rules, 1999 as amended by the Rajasthan Class-IV Service (Recruitment and other Service Conditions) (Second Amendment) Rules, 2009. The petitioner represented on 16/5/2014, but his representation came to be again rejected on 13/8/2014 on the ground that the petitioner was engaged both initially and at all times thereafter only as part time Sweeper working 3-4 hours a day, was not appointed against any sanctioned post and nor in fact such a sanctioned post of a part time Sweeper ever existed in erstwhile RSEB or did in the respondent RRVPNL, the unbundled company therefrom.