1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.6946/06 Banda Devi vs. State & Ors. Date of order : 22/9/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri K.C. Sharma for the petitioner. Shri B.L. Avasthi, Addl. Government Counsel for the respondents. ****** This writ petition has been filed by the petitioner Smt. Banda Devi who is working as part time Chowkidar with the respondents at Mahila Sadan, Jaipur. The petitioner was appointed as such on 7.5.1993 and was removed on 1.6.1994. A reference was made to the Labour Court, Jaipur by the appropriate Government as to whether her retrenchment was legal and if not what relief was she entitled to. The reference was answered by award of the Labour Court dated 18.10.2000 holding the retrenchment as illegal and petitioner entitled to reinstatement with continuity of service. Shri K.C. Sharma, learned counsel for the petitioner has argued that petitioner has since been reinstated and since she has been awarded the benefit of continuity of service, she would be treated as continued 2 in the employment with the respondents from 7.5.1993 till date. In between the Supreme Court by its judgment dated 29.3.1996 approved the scheme for regularisation of part time employee of the Social Welfare Department, according to which the employees who were working with the respondents on May, 1995 would be provided regular pay scale and will be regularised on 1.4.1998 in second phase. The case of the petitioner would be covered in the said phase because he was working on May, 1995 and completed two years service. The respondents contested the claim of the petitioner. Shri B.L. Avasthi, learned Additional Government Counsel submitted that case of the petitioner could in any case be covered in second phase because it would apply to those who completed two years service as on 1.5.1995. Since the petitioner was appointed on 7.5.1993, he cannot be treated as having completed two years of service on May, 1995. It was contended that in the order of Supreme Court, third phase of the scheme was intended to cover only 307 employees whose list was submitted before 3 the Court. Perusal of the order of Supreme Court would show that even if the case of the petitioner is not taken to have been covered by second phase, he would nevertheless fall in third phase which inter alia covers the case of such part time employees who were working on May, 1995 and were held entitled to regular pay scale and regularisation on 1st April, 1998. Contention that name of the petitioner was not included in the list submitted before the Supreme Court may not be accepted because when the judgement was passed by Supreme Court on 29th March, 1996, the petitioner was out of employment because of the removal order passed by the respondents, which was eventually held to be illegal upon adjudication by the Labour Court. Now when the petitioner has been reinstated with continuity of service, he would be deemed to have continued in service with respondents on 7.5.1993 till date when the persons similarly situated have been held entitled to regular pay scale and regularisation in view of judgement of Supreme Court and the petitioner would be 4 entitled to same benefits. The writ petition is allowed to the extent of benefit of regular pay scale and regularisation with effect from 1st April, 1998 to the petitioner in terms of the Supreme Court observations. Compliance of the judgement be made within three months from the date copy of this judgement is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/