CW 162/95 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.162/95 Laxmi Narain Versus State & Anr. DATE OF ORDER : 11/02/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. P.S. Sharma, for petitioner Mr. A.K. Pareek, for respondents *** Instant petition has been filed by petitioner with the grievance that he may be fixed in the regular pay scale of Class IV with effect from the date of his initial appointment dt.12th September, 1985. Petitioner was initially appointed on daily wages basis @Rs.9/- per day vide order dt.12th September, 1985. However, his services were verbally terminated w.e.f. 1st October, 1987 which was challenged by him through a reference made by the appropriate government for adjudication and learned Labour Court vide its award dt.6th January, 1994 set aside the verbal termination holding their action to be in violation of Sec.25F of the Act, 1947 with the direction to the respondents to reinstate with continuity of service along with back wages. Against award of learned Labour Court, respondents preferred writ petition while maintaining his reinstatement. CW 162/95 [2] This court reduced the back wages to the extent of 25%. In pursuance of impugned award, petitioner was reinstated. However, respondents placed before this court an office order dt.5th July, 2003 whereby petitioner has been fixed in the regular pay scale of Class IV w.e.f. 1st July, 2003 and from the date of his regularization, he is working on regular basis in the cadre of Class IV. Counsel for petitioner submits that petitioner is entitled for minimum of the pay scale of the cadre of Class IV from the date of filing of writ petition and in support of his submission, he placed reliance upon the judgment of this court in Khem Chand Sharma Vs. State of Rajasthan [RLR 2001 (3)-723] and Surendra Kumar Vyas Vs. State [2008 (2) CDR-1400]. Counsel for respondents submits that petitioner was a daily wager and he was entitled to be reinstated in service in terms of award on daily wages basis. But, as per interim order of this court, his candidature was considered and appointed on regular basis in the cadre of Class IV vide order dt.5/7/03 and accordingly, petition has become infructuous. CW 162/95 [3] I have considered submission of counsel for parties and perused the material on record. Petitioner was working on daily wages basis and in terms of award he was entitled to be reinstated in service on daily wages in the cadre of Class IV. However, taking note of his length of service and availability of sanctioned post in the cadre of Class IV, his candidature was considered by the respondents and has been regularized w.e.f. 1st July, 2003 vide order dt.5th July, 2003. It is not the case of the petitioner that any person who was a daily wager and junior to him in the cadre of Class IV has been either fixed in the regular pay scale or granted benefit of minimum of pay scale prior to him. Judgments [supra] on which counsel for petitioner placed reliance are of no assistance in the facts of instant case. This court finds no substance in the writ petition, the same stands dismissed. [AJAY RASTOGI], J. FRBOHRA162CW95 11-2.doc