Case: Durga Ram Vs State of Rajasthan and Ors.. Rajasthan High Court

JudgesPrakash Tatia, J.
IssueService Act
Citation2009 (3) WLN 512
Judgement DateAugust 12, 2009
CourtRajasthan High Court

Judgment:

Prakash Tatia, J.

  1. Heard learned Counsel for the parties.

  2. The petitioner's contention is that he is a handicapped person and was appointed as Cook on part time basis on fixed salary of Rs. 300/- per month at Government SC Hostel, Fatehgarh, Jaisalmer run by Social Welfare Department initially in the year 1997 and, thereafter, on regular basis from 11.07.1995.

  3. According to the petitioner in the Social Welfare Department appointments were given to various persons on fixed salary of Rs. 600/- and writ petition was preferred before this Court praying for regularization which was allowed and finally their matter reached before the Hon'ble Supreme Court. On the basis of the statement made by the respondent-State Government, the Hon'ble Supreme Court disposed of the Special Leave to Appeal (Civil) No. 2273/1994 alongwith other connected matters in regard to regularization vide JUDGMENT dt. 29.03.1996 on the basis of draft plan/scheme prepared by the respondent-State department to regularize 775 part time employees working on the post of Chowkidar/Cook in phased manner. The petitioner who was appointee of the year 1995 submitted his representation for regularization.

  4. Learned Counsel for the petitioner submitted that now on 27.02.2009, the State Government has already issued order under Article 209 of the Constitution of India and amended the Class IV Employees Service Rules, 1999 whereby an employee in service since last 10 years upto 10.04.2006 is required to be regularized though after screening by the...

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