1 S.B. CIVIL WRIT PETITION NO.2183/2008. (DUNGAR SINGH VS. STATE OF RAJASTHAN AND ORS.) DATE OF ORDER : 15.10.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. Rajesh Grewal for the petitioner. The petitioner entered in the services of the respondents being employed as a casual labourer in work charge cadre created under the Rajasthan Work Charge Employees Service Rules, 1964. A promotion was given to him in the work charge cadre itself as a Helper under an order dated 27.07.1996. The Government of Rajasthan by an order dated 23.03.1998 read with the order dated 15.03.1994 decided to abolish work charge cadre and to regularize services of the work charge employees by placing them in regular cadre of government service. In view of the decision of Government of Rajasthan referred above, the petitioner was also taken on regular cadre, as a consequent thereto his services were sought to be governed by the Rajasthan Engineering Subordinate Service (Public Health Branch) Rules, 1967 and the Rajasthan Service Rules, 1951. The grievance of the petitioner is that though he has been taken in regular cadre by the respondents, but yet they are 2 not making application of Rajasthan Service Rules, 1951 and the Rules of 1967 upon him. It is stated by learned counsel for the petitioner that after placing in regular cadre, the petitioner is a member of Rajasthan Engineering Subordinate Service (Public Health Branch) and, therefore, the respondents should apply the Rules 1967 upon him and they should consider candidature of the petitioner for the purpose of promotion to next higher post as per the provisions of the Rules of 1967. It is asserted that the petitioner for all purposes is a regular employee of the government of Rajasthan, therefore, the respondents should also apply the provisions of Rajasthan Service Rules qua him. No reply to the writ petition has been filed on behalf of the respondents. However, it is stated by learned counsel for the respondents that the petitioner was earlier working on work charge basis, therefore, his services are required to be governed by the Rules of 1964 and not by the Rajasthan Service Rules, 1951 or the Rules of 1967. This Court in the case of Tola Ram and others vs. State of Rajasthan and others (SBCWP No.4581/2006) decided on 18.01.2007, while considering the same issue held that the 3 work charge employees who are subsequently taken on regular cadre are part of Rajasthan Engineering Subordinate Service (Public Health Branch) and, therefore, their services should be regulated as per the provisions of Rajasthan Service Rules, 1951 and the Rules of 1967. As said above, the petitioner has already been taken in regular cadre in the year 1998, therefore, he is certainly a member of Rajasthan Engineering Subordinate Service (Public Health Branch) and, therefore, his case is also required to be dealt with in the terms of the judgment of this Court in the case of Tola Ram (supra). Accordingly, this petition for writ stands allowed. The respondents are directed to extend all benefits to the petitioner as per the provisions of Rajasthan Service Rules, 1951 from the date he was taken in regular cadre under the order dated 23.03.1998. The respondents are further directed to consider candidature of the petitioner for promotion to next higher post as per the provisions of Rajasthan Engineering Subordinate Service (Public Health Branch) Rules, 1967. No order to cost. (GOVIND MATHUR)J. Anil/