CW 751/95 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.751/95 Ramakant Sharma Versus State & Ors. DATE OF ORDER : 19/02/2009 HON'BLE MR. JUSTICE AJAY RASTOGI None present for petitioner Mr. Pradeep Kalwania, Addl. Govt. Counsel, for respondents *** No one has appeared on behalf of petitioner. Instant petition has been filed seeking direction to the respondents to give regular appointment to the petitioner on the post of Beldar under Rajasthan Recruitment of Dependents of Government Servants Dying while in Service Rules, 1975 [“Rules, 1975”]. Petitioner was initially appointed under Compassionate Rules, 1975 as Beldar on daily wages basis @Rs.22/- per day vide order Ann.1 dt.22nd September, 1992 and later on, under Compassionate Rules appointments were made as Beldar in the regular pay scale as evident from Ann.4 dt.11th September, 1987. His grievance was that since his appointment was also made under the Rules, 1975 that should always be a regular appointment, as such, his appointment on daily wages basis as Beldar is not in consonance with Scheme of Rules. CW 751/95 [2] Respondents have filed additional affidavit on 8th September, 1998, copy of which was served upon counsel for petitioner also and in Para 2 it has been averred that initially he was engaged @Rs.22/- per day and later on he too was appointed in the regular pay scale of 700-850 as Helper. No counter to the additional affidavit has been filed by counsel for petitioner and as averred he has already been appointed in the regular pay scale of Beldar. In these changed circumstances, present petition has become infructuous and accordingly, dismissed. [AJAY RASTOGI], J. FRBOHRA751CW95 19-2.doc