Rajasthan High Court - Jodhpur
Kanta vs State Of Rajasthan ... on 6 February, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/004275]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Misc Application No. 35/2023
Kanta W/o Shri Zithara, Aged About 49 Years, By Caste Labana
(Obc), Resident Of 61, Main Road, Tandamangla, Tehsil
Khushalgarh, District Banswara. Presently Working As Cook In
Govt. Ambedkar Boys Hostel, Sajjangarh, District Banswara.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Social
Welfare Department, Rajasthan, Jaipur.
2. The Director, Social Welfare Department, Jaipur.
3. The Assistant Director, Social Welfare Department,
Banswara.
----Respondents
For Petitioner(s) : Mr. Mahipaal Rajpurohit
For Respondent(s) : Mr. AK Gaur, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
06/02/2023
The present misc. application has been preferred by the
petitioner seeking correction / modification in the order dated
30.01.2023 passed by this Court in S.B. Civil Writ Petition
No.5949/2021.
For the reasons mentioned in the application, the same is
allowed and the order dated 30.01.2023 passed by this Court is
substituted by following order :-
"Learned counsel for the parties jointly submit the
controversy is covered by the order passed by a coordinate Bench
of this Hon'ble Court in Mohan Lal Vs. State (S.B. Civil Writ Petition
No.3386/2003) on 22.12.2006. The order reads as follows:
[2023/RJJD/004275] (2 of 4) [WMAP-35/2023]
"Heard learned counsel for the petitioner as well as
learned Dy. Government Advocate.
Learned counsel for the petitioner has argued that in
spite of the specific order passed by the Hon'ble Supreme Court,
the respondents have failed to regularize services of the
petitioner. According to the petitioner, he was appointed as
cook with the respondent no.3 in the month of July, 1993 on
consolidated salary of Rs.350/-, which was later increased to
Rs.600/-. He was required to prepare food for the inmates in
the hostel. This Court in S.B. Civil Writ Petition No.3453/1994-
Anshkalin Samaj Kalyan Sangh, Banswara Vs. State of
Rajasthan & Ors decided on 26th May, 1995 directed the
respondents to make payment of salary of the cook working
with the various hostels run by Social Welfare Department.
Benefit of this judgment was also directed to be extended to all
those who were in service on the date of passing of the
aforesaid order. The aforesaid writ petition was filed on
25.7.1994 and since the petitioner was appointed in July, 1993,
the judgment is applicable to his case also. Appeal preferred
by the State Government against the aforesaid judgment dated
26.5.1995 being D.B. Civil Special Appeal No.595/1995 was
also dismissed. Hon'ble Supreme Court gave direction to the
State Government for regularization of the services of the
members of the petitioner association as per the scheme submitted
by the State before the Hon'ble Supreme Court.
Learned counsel for the petitioner provided copy of the order
passed by the Hon'ble Supreme Court in Special Leave to
Appeal (Civil) No.21173/1994, decided on 29.3.1996.
According to the said order, there will be 316 employees for
consideration in the first phase who have completed five years
of service. There will be 459 part time workers who have not
completed five years. After determination of seniority
according to length of service 152 employees who have
completed two years but else than five years will be regularized
in second phase, the rest 307 persons will be regularized in
third phase. The process of preparation of seniority list will be
completed by 30th April, 1996 and thereafter the process of
regularization will start. The process of regularization in the
first phase will be completed upto 15th August, 1993 and order
shall be issued by 30.9.1996.
[2023/RJJD/004275] (3 of 4) [WMAP-35/2023]
The respondents in their reply to the writ petition in para
no.2 although did not dispute that the case of the petitioner
would be covered at least in the group whose services were to be
regularized in third phase w.e.f. 1st April, 1998 but in para
no.2 of the reply it has been stated that in view of the
instructions issued by the Hon'ble Supreme Court the matter of
the petitioner has been forwarded to the Screening committee
of the Department, Directorate, Jaipur.
In view of the authoritative pronouncement of the
Hon'ble Supreme Court it hardly needs to be stated that the
judgment passed by the Hon'ble Supreme Court would be
binding on all the concerned and therefore there can be no
question of any further approval being procured from any
authority even the Government.
In the result, the writ petition is allowed and the
petitioner is held entitled to regularization w.e.f. 1st April, 1998
in terms of the aforesaid judgment of the Hon'ble Supreme
Court. The respondents are directed to make compliance of
this judgment within a period of three months from the date of
service/receipt of this judgment and should make payment of
all consequential benefits to the petitioner together with interest @
6% per annum.
There shall be no order as to costs."
In light of the aforesaid order, the present petition is allowed
in the same terms. The petitioner is held entitled to regularization,
with effect from the date of commencement of her phase, in terms
of the judgment of the Hon'ble Apex Court in the case of State of
Rajasthan Vs. Mod Singh (SLP(C) No.21173/1994, decided
on 29.03.1996). The respondents are directed to make compliance
of this judgment within a period of three months from the date of
service/receipt of this judgment and should make payment of all
consequential benefits to the petitioner together with interest @
6% per annum.
All pending applications stand disposed of. "
[2023/RJJD/004275] (4 of 4) [WMAP-35/2023]
The aforementioned order dated 30.01.2023 shall be read
accordingly.
(DR.PUSHPENDRA SINGH BHATI),J
250-Sudheer/-
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