Bhanwar Singh vs State of Raj. and Others

Govind Mathur, J.—Issue notice as to why this petition for writ be not admitted.

Under the instructions of Court Mr. Durga Ram, learned Standing Counsel for the Department of Women and Child Development, Government of Rajasthan accepts notice, as such, the service is sufficient.

Looking to the fact that number of petitions of similar nature have already been disposed of by this Court, I consider it appropriate to finally hear and decide this matter too at this stage.

The Petitioner was employed with the Respondents as Chowkidar on 7.12.1993. Despite serving for years together his services were not regularised. The claim of the Petitioner is that his candidature is required to be considered for regularisation as per Sub-rule (4) of Rule (6) of the Rajasthan Class IV Services (Recruitment and Other Service Conditions) Rules, 1999. Sub-rule (4) aforesaid was added with the Rules of 1999 vide the Rajasthan Class IV Services (Recruitment and Other Service Conditions) Rules, 2009 and that prescribes that if any person employed on the post referred in column No. 2 opposite to Sr. No. 4, de hors the rules and is continuing as such up to 10.4.2006 by completing services of ten years without any interception of the Court or Tribunal, then his / her services shall be screened for the purpose of regularisation by the competent committee referred therein.

According to the learned Counsel for the Petitioner, the case of the Petitioner is also required to be examined and screened as per provisions referred above. It is also stated that this Court in similar case i.e. Durga Ram v. State and Ors. (SBCWP No. 920/2007) decided on 12.8.2009, while relying upon the same provision directed the Respondents to consider the case of the employee concern in light of the scheme framed for screening and while doing so, to keep in consideration the judgment delivered by the Hon''ble Supreme Court in case of Uma Devi reported in 2009(1) CDR 626 (Raj.). Learned Counsel for the Respondents has accepted the position that in similar petition for writ, directions as aforesaid were given by this Court.

This petition for writ too is disposed of in terms of the directions given in the case of Durga Ram (supra) with a direction to the Respondents to screen the Petitioner for the purpose of regularisation of his/her service as Chowkidar as per Sub-rule (4) of Rule 6 of the Rules of 1999, by keeping into consideration the law laid down by the Hon''ble Supreme Court in the case of Uma Devi (supra). Such exercise is required to be made by the Respondents expeditiously as far as possible within a period of three months from today.

Cost made easy.