1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.4589/2002. : : Narain Singh Rathore Vs. RSRTC & Anr. : : Date of Order 18.3.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Rajeev Sogarwal for the petitioner. Mr. Ashok Kumar Bansal for the respondents. Heard learned counsel for the parties. 2. This writ petition has been filed with the prayer that respondents be directed to regularize services of petitioner. 3. Learned counsel for the petitioner cited the order dated 23.3.1988 to show that petitioner was initially appointed as Conductor on regular pay scale on probation for a period of one year, but before probation was completed he was retrenched from service vide order dated 12.4.1989. Subsequently, respondents on 15.6.1993 again engaged the petitioner on daily wage basis which appointment was on temporary basis. Respondents again on 25.9.1993 retrenched his services. Subsequently again engaged him on daily wage basis on 3.11.1993. Learned counsel for the petitioner submitted 2 that when the petitioner has been continuously working since 3.11.1993, the respondents may be directed to regularise his services from that date. 4. Learned counsel for the respondents opposed the writ petition and submitted that petitioner has already been regularized w.e.f. 2004 in the regular pay scale on the post of Conductor. It was argued that petitioner never challenged the retrenchment made by respondents on 12.4.1989 and 25.9.1993, therefore, his claim for regularization from the date of initial appointment cannot be considered. In fact, petitioner submitted an affidavit on 27.5.1993 waiving all his earlier claims. 5. When pointedly asked, learned counsel for the petitioner could not justify for not mentioning the fact about the affidavit in the writ petition. The fact is that petitioner was earlier appointed on daily wage basis and on temporary basis. In any case, now that service of the petitioner has been regularized in 2004 no positive direction for antedating his regularization for an earlier period can be issued. This writ petition is disposed of accordingly. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.40.