CWP 12505/09 1 In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur. ** Civil Writ Petition No. 12505/09 Sh. Jaswant Singh & ors. Vs. The State & ors.. Date of Order ::: 08/10/09 Hon'ble Mr. Justice Ajay Rastogi Mr. DC Gupta, for petitioners Petitioners No. 1 and 2 were declared semi- permanent vide order dated 29/08/2003 (Anx.4) and petitioner No. 3 vide order dated 07/07/2003 (Anx.5) and they were granted benefit of notional fixation of pay in terms of order of Finance Department dated 04/03/1998 (Anx.7). The grievance of the petitioners is that once they were declared semi-permanent from the respective dates with retrospective effect, they are entitled for actual monetary benefits flowing thereof from the date they were granted semi- permanent status and the denial thereof is in violation of Article 14 & 16 of the Constitution of India. Counsel also placed reliance on a judgment of this Court dt 20/01/2009 in CWP-487/2009 wherein it was directed to make representation for grant of actual benefits from the date the semi- permanent status was granted to the writ petition. Apart from inordinate delay in filing the instant petition, even on merits, the submission CWP 12505/09 2 made by counsel for petitioners is without substance for the reason that the State Government took a policy decision to grant semi- permanent status to such work charge employees who were denied their legitimate right for one reason or the other that all such work charge employees may be made entitled for grant of semi- permanent stauts on completion of their two years of service but will get their notional fixation w.e.f. 31st December, 1997 and actual benefits will be made available to all such work charge employees in terms of order dated 04/03/1998 w.e.f. 01/01/1998. It is not the case of the petitioners that after granting them benefit of notional fixation, actual benefits have not been paid to them to which they became entitled for w.e.f. 01/01/1998. Since the petitioners earlier worked on daily wages basis and their right of fair consideration under Work Charge Service Rules, 1964 at one time was denied to them, the authority took a policy decision for granting actual benefits from 01/01/1998 but they may not be deprived of the period during which they had not worked in the semi-permanent status and benefit of notional fixation of pay may be granted to them which may not put any financial loss to such work charge employees CWP 12505/09 3 Even under the statutory rules framed under proviso to Article 309 of the Constitution of India which govern the service conditions of the Government employees identical provision is available which clearly stipulates that where a Government servant is deprived of his regular promotion and considered against vacancies of earlier years with retrospective effect and if found suitable, the pay of the persons so promoted shall be refixed at the pay which he would have derived at the time of his promotion but arrears of pay is allowed to him. So far as the judgment on which counsel for the petitioners has placed reliance is concerned, the same has only directed to the writ petitioners to make representation and of its sympathetic consideration. Since in the opinion of this Court, the order of Finance Department dated 04/03/1998 is rational and is in consonance with the mandate of Article 14 & 16 of the Constitution of India, no purpose will be served in directing the petitioners to make representation as observed (supra). Consequently, I find no substance in the instant writ petition and the same is accordingly dismissed. (Ajay Rastogi), J. Raghu/12505-cw-2009-final.doc CWP 12505/09 4 CWP 12505/09 5