{ 1 } S.B. CIVIL WRIT PETITION NO.3996/1997. MAHI KARAMCHARI SANGH, BANSWARA VS. STATE OF RAJASTHAN & ORS. DATE OF ORDER : 27.02.2009. HON'BLE MR. GOVIND MATHUR, J. None present for the petitioner. None present for the respondents. The petitioner – a Trade Union having membership among employees working under Mahi Project (hereinafter referred to as “the Project”) has preferred this petition for writ to challenge validity of the order dated 20.09.1995 prescribing various conditions relating to grant of Selection Grades, Earned Leaves, Surrender Leaves, Pension Benefits etc. for the employees taken on regular cadre of the State Government service from work charge cadre of the Project. In brief, facts of the case are that under an order dated 28.02.1994, the Government of Rajasthan decided to dis- continue system of engaging workers under Work Charge Employees Service Rules, 1964 as well as under the Departmental Standing Orders and also to absorb existing work charge employees as regular government employee in a phased { 2 } manner. The Government of Rajasthan prescribed certain service conditions for the employees taken on regular cadre including member of petitioner Union. A big number of members of petitioner Union were accordingly taken on regular cadre of the government service from services of the Project under the order dated 20.09.1995. As per clause 19 of order aforesaid the work charge employees taken on regular cadre shall be given Selection Grades on completion of 9, 18 and 27 years of service and their service tenure for the purpose of grant of selection grades shall be reckoned w.e.f. 01.04.1994. Being aggrieved by the same, petitioner Union raised an industrial dispute before competent Conciliation authority established under the Industrial Disputes Act, 1947. The Conciliation Officer did not choose to entertain the dispute raised by petitioner Union and that too is challenged in this petition for writ along with the challenge given to condition No.19 of the order dated 20.09.1995. It is averred in the petition that once members of the petitioner Union had been taken on regular cadre by way of absorption, then they must be treated as member of the service / cadre concern from the date of their initial engagement under work charge cadre. { 3 } In reply to the writ petition, stand of the respondents is that so far as condition No.19 of the order dated 20.09.19945 is concerned that has already been superseded and a decision has already been circulated on 04.03.1998 to reckon services of the work charge employees already taken on regular cadre, from the date Semi Permanent Status was conferred upon them, however, such employees shall be entitled for getting selection grades w.e.f. 01.01.1998 only. The document dated 04.03.1998 is available on record as Annexure R/2. In view of the order dated 04.03.1998, the members of petitioner Union are entitled to receive selection grades w.e.f. 01.01.1998 by getting their service reckoned from the date Semi Permanent Status was conferred to them under the Work Charge Service Rules, 1964 or under the relevant Standing Orders. The challenge to condition No.19 of the order dated 20.09.1995 does not survive in light of the decision of the Government of Rajasthan circulated on 04.03.1998. A dispute may still be there regarding rational of granting selection grades w.e.f. 01.01.1998 to work charge employees taken on regular cadre, however, that is not an issue raised in present petition for writ. { 4 } Accordingly, this petition for writ is disposed by accepting entitlement of the members of petitioner Union, who were taken on regular cadre from work charge cadre of the Project to receive selection grades w.e.f. 01.01.1998 by getting their service reckoned from the date the Semi Permanent Status was conferred upon them. The petitioner Union or its members in their individual capacity shall be at liberty to avail appropriate remedy, if they are having any grievance with regard to rational of the date appointed by the Government of Rajasthan i.e. 01.01.1998 for grant of selection grades to the work charge employees taken on regular cadre. No order to cost. (GOVIND MATHUR)J. Anil/