CW 2489/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.2489/2006 Badrilal Versus State & Ors. Date of Order ::: 05/02/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Vigyan Shah, for petitioner. Mr. Chetan Bairwa, Addl. Govt. Counsel, for respondents Instant petition has been filed with the grievance is that despite working as Cook in hostel being run by Department of Social Welfare, neither petitioner has been considered for regularisation nor is being paid pay scale of the post of Cook as being given to such holders at par in Hostels run by State Government. Counsel for petitioners submits that controversy raised herein has been examined by this Court in Dayalal & (6) Others Vs. State (2003(3) WLC 599), wherein it has been observed: “21. Therefore, the writ petitions filed by the petitioners deserve to be allowed. Hence allowed and it is held that the petitioners working on the post of Superintendents. Cooks and chowkidars are entitled for the salary at par with the salary which is given to their counter parts holding the same post in the hostels run by the social welfare department of the State Government. This entitlement will be from the date of filing of the writ petitions by the petitioners. Since it is also found that the services of the employees working in the hostels on consolidated amount are sought to be terminated on the basis of entirely wrong, unjust and illegal approach, therefore, the CW 2489/06 //2// petitioners shall be permitted to continue to work on the post of which they were holding on the date of filing the writ petition. The State Government is directed to frame scheme in the same line in which the State Government framed the earlier scheme and which was placed before the Supreme Court and the Supreme Court directed to implement the said scheme. The orders of the State Government dated 28 December 1998 and 21st January 1999 are quashed and set aside. The petitioners are entitled for the cost of the writ petition.” Government counsel is also not able to controvert factual matrix as regards judgment of this Court (supra). Consequently, in the light of judgment of this Court in Dayalal & (6) Others Vs. State (2003(3) WLC 599), writ petition stands allowed. Respondents are directed to consider the petitioner of his entitlement for the salary at par as is being given to his counter part holding the post of Cook in Hostels run by social welfare Department of State Government. However, this entitlement will be from the date of filing of writ petition i.e. 27/03/06. Compliance of this order be ensured within three months. No costs. (Ajay Rastogi), J. K.Khatri/p.2/2489CW06-5Fb.doc