SBCWP No.6658/2006 Shiv Prakash Vyas Vs. State of Rajasthan & Ors. -1- S.B. CIVIL WRIT PETITION NO.6658/2006 Shiv Prakash Vyas vs State of Rajasthan & Ors. Date of order 16.9.2008 HON'BLE MR. H.R. PANWAR,J. Mr. DK Godara, for the petitioner. Mr. KL Khakur, Addl. Advocate General. <><><> By the instant writ petition filed under Article 226 of the Constitution of India, the petitioner seeks direction to the respondents to confirm him on the post of Helper and issue seniority list of Helper and after issuance of seniority list, he may be considered for promotion on the post of LDC. It is contended by learned counsel for the petitioner that the person similarly situated i.e., Mangilal Bhambhi who was initially appointed with the petitioner has already been confirmed and promoted to the post of LDC by the respondent-State. Learned counsel for the petitioner submitted that initially, the petitioner was appointed on the post of Helper w.e.f. 1st April, 1988. However, by order SBCWP No.6658/2006 Shiv Prakash Vyas Vs. State of Rajasthan & Ors. -2- Annex.2 dated 28.11.1996 the State Government sanctioned 14 posts of helper for giving regular promotion to the persons working on daily wages basis. In pursuance thereto, three persons were appointed on the post of Helper and 11 persons were posted on the post of Lower Division Clerk. Reply to the writ petition has been filed by the respondents specifically stating therein that from the post of Helper, there is no channel of promotion to the post of LDC and thus, the petitioner is not entitled to be promoted on the post of LDC. Learned Addl. Advocate General appearing for the State submitted that the petitioner's services are governed by the set of Rules known as Work Charged Code, 1964 (hereinafter referred to as the Code of 1964) and at item no.5 it is provided that an Asstt. Helper Grade-I/Grade-II, who possesses five years of experience shall be entitled to be promoted. So far as confirmation of the petitioner on the post of Helper is concerned, the similarly situated person namely Roopchand who was also appointed with the SBCWP No.6658/2006 Shiv Prakash Vyas Vs. State of Rajasthan & Ors. -3- petitioner on the post of Helper has been confirmed with effect from 26.7.2008 on the present post of Helper and learned Addl. Advocate General has placed on record the order No.प2(47)वववन/सस /07 dated 26.7.2008 wherein at S.No.1 the name of Roopchand has been mentioned. In this view of the matter, the petitioner is also entitled for the similar treatment, i.e., confirmation on the post of Helper with effect from the date when the similarly situated person Roopchand has been confirmed i.e., with effect from the date of order in favour of Roopchand dated 26.7.2008 In this view of the matter, the respondents are directed to confirm the petitioner on the post of Helper w.e.f. 26.7.2008, the date on which the similarly situated person i.e., Roopchand has been confirmed by order dated 26.7.2008. The writ petition is allowed to the extent as indicated above. No order as to costs. [H.R. PANWAR], J. cpgoyal/-