SBCWP NO.656/2001. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.656/2001. Smt.Sushila Vs. State of Rajasthan & Anr. Date of Order :- 8/7/2008. HON’BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Vikrant Gupta for the petitioner. Shri Shiv Lal Meena, Deputy Government Counsel. **** BY THE COURT:- This writ petition has been filed by petitioner Smt.Sushila with the prayer that respondents be directed to consider her case for regularisation on the post of Class-IV employee from the date of initial appointment i.e. 13/8/1989 and be directed to grant her benefit of regular pay scale in the Revised Pay Scale Rules of 1998. 2) Learned counsel for the petitioner has argued that petitioner was initially appointed on daily wage basis @ 14/- per day which was increased from time to time and was lastly increased to Rs.22/- per day in July 1990. Petitioner challenged the same by filing writ petition before this Court being SBCWP No.2857/1991 (Smt.Sushila Vs. State and SBCWP NO.656/2001. 2 another) for grant of regular pay on the basis of equal pay for equal work. The abovesaid writ petition was allowed by this Court vide order dated 27/8/1991 and the termination order dated 18/4/1991 was quashed and set-aside declaring the same as unlawful and the respondents were directed to reinstate her in service with all consequential benefits and usual allowances w.e.f. date of filing of the writ petition. Learned counsel submitted that in the meantime, some similarly situated persons approached this Court by way of filing writ petition being SBCWP No.1469/1996 (Smt.Naurati Devi and ors. Vs. State and ors.) which was allowed vide order dated 26/9/1996. In the abovesaid case, petitioners who were working on the post of Ward Mate in Mahila Chikitsalaya, Sangeri Gate, Jaipur during the period 1987 or 1988 on daily wage basis, were granted minimum of the regular pay scale prescribed for Ward Mate and Class-IV employee by the order of this Court. This court while allowing the writ petition, directed the respondents to consider the case for regular appointment and regularize their services even by granting relaxation as to requirement of minimum eligibility of 5th pass. Respondents regularized their services. Case of the petitioner should also receive similar consideration in the light of para 53 of the judgment of Supreme Court in State of SBCWP NO.656/2001. 3 Karnataka Vs. Smt.Uma Devi. 3) Shri Shiv Lal Meena, learned Deputy Government Counsel has opposed the writ petition and argued that no direction for regularization of the services can be issued by this Court in view of the law laid down by the Hon’ble Supreme Court in State of Karnataka supra. However, alternatively, he argued that the matter of the petitioner with regard to regularization was pending consideration before a Committee at the time when reply to the writ petition was filed in the year 2001. Even thogh he was not in a position to inform the court as to what final decision has been taken by such committee referred to in reply. 4) It would be evident from the facts stated aforesaid that petitioner was initially appointed on 30/8/1989 and since then she is continuing in the services of the respondents. In this manner, she has completed 19 years of service. When her services were terminated by the respondents on 18/4/1991, she approached this Court and her writ petition was allowed vide judgment dated 27/8/1991. Thereafter, she has been continued in service by the respondnets. Starting from 1991 also it appears now that a long period of 17 years have elapsed in between. It was observed by the Supreme Court in State of Karnataka supra that mandamus for directing regularisation of services of an employee appointed dehors the rules cannot be issued by this SBCWP NO.656/2001. 4 court in exercise of its powers of judicial review under Article 226 of the Constitution of India but in para 53 of the very same judgment, their lordships carved out a difference for the cases in which the appointments are found to be irregular and not illegal and where employees have continued to work for 10 years or more without intervention of the Court or Tribunal. In the present case, there was no interim-order passed by this Court in this writ petition nor in any other writ petition nor order restraining to the respondents to terminate her services has been passed by any other court. Resultant situation that emerges is that petitioner has continued in service for last 19 years. Supreme Court in para 53 directed the State Government and its intrumantalities to take steps to regularise, as one time measure, service of irregularly appointed employees who worked for 10 years or more on duly sanctioned post but not under the cover of the orders of power of Tribunal. Respondents having themselves continued the petitioner in their employment for so long coupled with the fact that similarly situated persons have already been regularised by them, albeit pursuant to the judgment passed by this court, the matter ought to receive their consideration in the same light. 5) In view of above discussion, this writ petition is allowed. The respondents are directed SBCWP NO.656/2001. 5 to consider the case of the petitioner for regularisation in terms of the observations of the Supreme Court in para 53 of State of Karnataka Vs. Smt.Uma Devi supra and grant her relaxation on the question of minimum eligibility of 5th pass in view of the observations of this court in SBCWP No.2857/1991 (Smt.Sushila Vs. State and another). Compliance of the judgment be made within three months from the date copy of the same is produced before the respondents. (MOHAMMAD RAFIQ), J. anil SBCWP NO.656/2001. 6 S.B. CIVIL MISC.STAY APPLICATION NO.624/2001. IN S.B. CIVIL WRIT PETITION NO.656/2001. Smt.Sushila Vs. State of Rajasthan & Anr. Date of Order :- 8/7/2008. HON’BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Vikrant Gupta for the applicant- petitioner. Shri Shiv Lal Meena, Deputy Government Counsel. **** Consequent upon disposal of the main petition, this stay application does not survive and the same is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil