1 S.B. CIVIL WRIT PETITION NO.3116/2005 (Kamal Kant Mali Vs. State of Raj. & Ors.) Date of Order :: 22.05.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.S.P. Arora, for the petitioner. In this case, the petitioner being appointed on the post of Nakedar under the Rajasthan Work-charged Employees Service Rules, 1964 is claiming absorption on the post of L.D.C. at the strength of Annexure-6 dated 20th September, 1995 issued by the Government of Rajasthan, in which, it is provided that for absorption of work-charged employees necessary amendments will be made in the service rules and they will be absorbed on a particular post. It is contended by learned counsel for the petitioner that vide order dated 02nd March, 2000 (Annexure-10) similarly situated persons who were working on the post of Nakedar/Computer/Typist in the department were granted benefit of absorption on the post of L.D.C. Further it is contended that after 20 years, though selection scale has been granted to the petitioner and he is enjoying fruits of selection scale, but still respondents are not absorbing petitioner on the post of L.D.C. as absorbed other work-charged employees on the post of L.D.C. by the department vide order dated 02nd March, 2000, therefore, respondents may be directed to consider the case of the petitioner for the purpose of absorption at par with 2 those persons who were absorbed on the post of L.D.C. Learned counsel for the petitioner while inviting attention of this Court towards representation submits that before approaching this Court petitioner has filed representation, so also, notice for demand of justice was sent, but the claim of the petitioner for absorption on the post of L.D.C. is still pending and respondents are not deciding the same. In this view of the matter, I am of the opinion that when similarly situated persons who were working on the post of Nakedar like petitioner in the Mining Department were absorbed, then respondents are under an obligation to decide the representation of the petitioner for the purpose of absorption on the post of L.D.C., if petitioner is otherwise eligible for the said post. Hence, this writ petition is disposed of with the direction to the respondents that the representation of the petitioner, so also, the claim which is made by the petitioner through notice for demand of justice shall be decided within a period of three months from the date of receipt of certified copy of this order. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-