SBCWP14342/2009 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.14342/2009 Smt. Nirmala Sharma Vs. The Executive Director, Central Social Welfare Board, Social Welfare Bhawan, B-12, Institutional Area, South of I.I.T., New Delhi and Others Date of Order ::: 10.05.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Sunit Awasthi, Counsel for petitioner #### By the Court:- Grievance of petitioner is that she was sent on deputation to the Women Development Authority to work on the post of Lower Division Clerk. This was done in pursuance of closure of various social welfare projects of State Social Welfare Board, Jaipur, where the petitioner was original working as Gram Sevika. It is contended that when the petitioner was working as Gram Sevika, her 20% of salary was being deducted on account of fact that she was not trained, whereas she has already completed more than 27 years of service with them and by now the requirement of training should have been dispensed with. Even in the new appointment with the District Women Development Authority, the same amount of deduction i.e. 20% is being made from the salary. Now when the petitioner has rendered about 32 years of service, the respondents may be required to take a final view about her adjustment/absorption with the Department and also grant her full salary and benefit of recommendations of SBCWP14342/2009 // 2 // 5th and 6th pay commission. Having regard to the limited controversy and especially keeping in view the fact that the petitioner has been working as Gram Sevika since 5th August, 1978 and now as LDC with the respondent District Women Development Authority, which is under Social Welfare Department of the State Government and the State Government has recently by notification dated 08.07.2009 amended the Rajasthan Various Service (Amendment) Rules, 2009 to provide for regularization of such temporary employees who have completed ten years service on 10.04.2006 without intervention of any court or Tribunal and working as such on the date of commencement of amendment Rules. In view of the aforesaid discussion, instead of directly entertaining the writ petition, I require the petitioner to make a suitable representation to the respondent No.2 the Secretary, Social Welfare Department, Secretariat, Jaipur, who shall consider the petitioner's grievance and pass appropriate order thereon within a period of three months from the date of submission of representation with a copy of this order before him. Writ petition stands disposed of. (Mohammad Rafiq) J. //Jaiman//