Ajay Singh vs State of Rajasthan and Others

Mohammad Rafiq, J.—Petitioner has filed this writ petition seeking a direction to respondents State Government to issue sanction for regularization of services of the petitioner on the post of Beldar.

Petitioner has been working on the post of Beldar on daily wages basis with Municipal Corporation, Kota, since 01.01.1990. The Municipal Corporation, on passing resolution, requested the State Government vide letters dated 28.05.2012 and 30.09.2013 to accord permission for regularization of services of the petitioner along-with other daily wages employees. The petitioner is eligible for regularization on the post of Beldar as per provisions of the Rajasthan Municipalities (Class IV Services) (Amendment) Rules, 2011, inasmuch as he has completed more than 23 years of service, but no decision has been taken by the Government.

It is contended that though the petitioner was initially appointed on the post of Beldar by Municipal Corporation on 01.01.1990, but thereafter his services were dispensed with on 01.04.1991. On an industrial dispute, the Labour Court, Kota, vide award dated 18.03.2002, held the termination of the petitioner to be illegal and the Municipal Corporation was directed to reinstate the petitioner with continuity in service along-with 25% back wages. In pursuance thereof, the Municipal Corporation, took back the petitioner in service vide order dated 06.10.2003.

It is contended that vide notification dated 27.01.2011 the Government of Rajasthan has introduced the Rajasthan Municipalities (Class IV Service) (Amendment) Rules, 2011, wherein the provisions with regard to regularization of the services of the daily wages employees were inserted, in that the employees who have completed ten years of service on 10.04.2006 on daily ages basis would be screened by a committee and then they would be given appointment on regular basis.

It is contended that in compliance of a judgment of Supreme Court in Secretary, State of Karnataka and Others Vs. Umadevi and Others, , the State Government has, by notification dated 27.02.2009, promulgated ''the Rajasthan Class-IV Service (Recruitment and other Service Conditions) (Amendment) Rules, 2009'', to consider cases of all such employees who have been working on the post of Class-IV and have completed ten years of service on 10.04.2006, without intervention of any court or tribunal and continuously working as such on the date of commencement of these Rules i.e. 27.02.2009, so as to regularize them in service. It is contended that till date no final view has been taken by the respondents.

The respondents ought to pass appropriate order in the light of aforesaid Rules of 2009 and the Rules of 2011.

In the circumstances the writ petition is disposed of directing respondent No. 2-the Director, Department of Local Self Department, Government of Rajasthan, Jaipur, to pass appropriate order within three months from the date a copy of this order is produced before him. While doing so, the respondent may not construe the award of the Labour Court to be an intervention, with reference to which petitioner remained continued.

Writ petition accordingly stands disposed of.