1 S.B. CIVIL WRIT PETITION NO.4792/2006 Narayan Nath & Ors. vs State of Rajasthan & Ors. DATE OF ORDER : - 23.1.2008 HON'BLE MR. PRAKASH TATIA, J. Mr. NS Charan, for the petitioners. Mr. SN Tiwari, Dy. GA. <><><> Heard learned counsel for the parties. The petitioners were appointed on 17th June, 1991, 13th Dec., 1990 and 15th Jan., 1991 on the post of Nakedar on temporary basis and according to the petitioners that post was equivalent to Class-IV employee. The petitioners were given work on the post in the department for collection of octroi. The octroi was abolished and, therefore, they were given different assignments by the respondents. Some of the employees like Pooran Singh and Deepak Singh who were also similarly situated and were working on the post of Village Level Worker (VLW) cum Secretary were regularized, but the petitioners were not possessing the requisite qualification for appointment on such post of Secretary. The petitioners' contention is that their services are regularized in view of the report submitted by the Development Officer of the Gram Panchayat as well as Sarpanch, copy of which has been placed on record as Annex.10. The only contention of the petitioners is that since their services is not under challenge but they are 2 entitled to reasonable emoluments as of a regular appointee in view of the fact that they have already served in the department since last more than about 17 years by now. The petitioners' contention is that they submitted their representation but that has not been decided. The respondents have submitted reply to the writ petition and in the reply only contention is that since the petitioners are not possessing the requisite qualification for appointment to the post of Secretary on which few of the employees were absorbed, therefore, the petitioners cannot be given appointment on the post of Secretary,but so far as their salary and not passing of any order of regularization of their services is concerned, it appears from the record that there is no material in the reply. In view of the above, the writ petition of the petitioners is allowed and the respondents are directed to consider the case of the petitioners for passing appropriate order of regularization in accordance with law so that the petitioners may not suffer great financial hardship and they may not require to work on consolidated sum of petty amount of Rs.1320/- only. (PRAKASH TATIA), J. c.p.Goyal/-