1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. D.B.CIVIL SPECIAL APPEAL (WRIT) No.447/2000 IN S.B.CIVIL WRIT PETITION No.1154/1989 Rajasthan State Road Transport Corporation & Ors. vs. Shri Deoki Nandan Sharma 25.03.2009 PRESENT HON'BLE MR.JUSTICE ASHOK PARIHAR HON'BLE MR. JUSTICE G.S. SARRAF Mr.Ashok Pareek, for appellants. Mr.V.K. Mishra, for respondent. *** The present appeal is directed against the order dated 19.8.1999 passed by the learned Single Judge by which while setting aside the termination of respondent-the concerned workman, the appellants were directed to reinstate him on the post of Conductor within one month with all consequential benefits. As has come on record, the concerned workman was appointed on the post of Conductor purely on temporary/daily wages basis on 19.9.1985. The services of the concerned workman were terminated vide order dated 4.3.1986 on the ground that the concerned workman was found carrying 6 passengers without ticket when the bus was checked by the flying squad on 2.3.1986. On representation been made by the concerned workman and having agreed to work as a fresh appointee, the concerned workman was directed to join as Conductor on daily wages basis within 15 days at Barmer Depot vide order dated 30th September, 1986. It has been submitted by the concerned workman that though he joined before the concerned Depot Manager on 22nd October, 1986, however, he was not taken on duty. 2 As per documents submitted by concerned workman along with the writ petition itself, it is clear that no requisite documents were submitted by the concerned workman along with his joining report as ordered by the concerned authority in order dated 30th September, 1986. In our opinion, the learned Single Judge was not right in holding that inspite of requisite documents not submitted, the concerned authority should have taken the concerned workman on duty. Looking to the short tenure and nature of service, since indulgence had already been granted by the authorities and the concerned workman not having produced the requisite certificates/documents at the relevant time before the appropriate authority, in our opinion the directions issued by the learned Single Judge cannot be sustained in the eyes of law. Accordingly, the appeal is allowed. The judgment dated 19th August, 1999 passed by the learned Single Judge is set aside. Consequently, the writ petition filed by the concerned workman is also dismissed as having no merits. (G.S. SARRAF), J. (ASHOK PARIHAR), J Sanjay