1 SBCWP NO.320/1996, Nand Lal Vs. Municipal Council, Bhilwara S.B. CIVIL WRIT PETITION NO.320/1996 Nand Lal Vs. Municipal Council, Bhilwara 12/09/2008 HON'BLE DR. JUSTICE VINEET KOTHARI Mrs. Suman Porwal, for the petitioner. None present on behalf of the respondent despite service. 1. Heard learned counsel. 2. By this petition, the petitioner has claimed the relief of regularization on the post of Pump Driver w.e.f. 1.8.1988 when the regularly working Pump Driver one Ismile Khan retired from the said post of Pump Driver vide Annex.6. 3. The case of the petitioner is that though he was appointed as Beldar in the year 1980, he was assigned from time to time the work of Pump Driver along with Ismile Khan, as would be evident from the various documents and office orders produced as Annexures-1 to 5 with the writ petition. He was also asked to work as Pump Driver whenever the said person Ismile Khan was on leave. Since the said person Ismile Khan retired on 31.7.1988, thereafter the petitioner was constantly working as Pump Driver but was never regularised on the said post. In para 5 of the reply to the writ petition, the respondents have stated that with the retirement of Ismile Khan, the petitioner was asked to discharge the duties and he has been paid as Pump Driver also but the post of the said Pump 2 SBCWP NO.320/1996, Nand Lal Vs. Municipal Council, Bhilwara Driver is lying vacant ever since the retirement of Ismile Khan and the respondent Council is taking all steps to fill in the said post. Obviously, at the time of filing reply to this writ petition in the year 2002, also the respondent Municipal Council had not appointed anybody else as Pump Driver against the vacancy created on account of retirement of Ismile Khan. 4. In the facts and circumstances of the case, since the petitioner worked for a long period as Pump Driver, at least from 1.8.1988 after the retirement of said person Ismile Khan, regularly against a sanctioned post, respondents ought to have considered the case of the petitioner for regularization with effect from the said date. Asking an employee to work against a particular post in an ad hoc manner for long periods, is certainly quite unfair labour practice which cannot be encouraged much less countenanced. No cogent reason has been assigned by the respondents in their reply not to have considered the case of the petitioner for regularization against such vacant post with effect from 1.8.1988. 5. Accordingly, this writ petition is allowed and the respondent Municipal Council, Bhilwara is directed to consider case of the petitioner for regularization on the post of Pump Driver with effect from 1.8.1988. If he is found suitable and there is no reason not to regularise with effect from the said date, the respondents shall pass 3 SBCWP NO.320/1996, Nand Lal Vs. Municipal Council, Bhilwara appropriate orders in this regard and give consequential benefits to the petitioner within a period of three months from today. No order as to costs. [DR.VINEET KOTHARI],J. Praveen