1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.129/2002. : : Radhey Shyam Sharma Vs. State of Rajasthan & Ors. : : Date of Order 28.1.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. B.L.Avasthi for the petitioner. Mr. Zakir Hussain, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. This writ petition has been filed by the petitioner with the prayer that respondents be directed to grant him permanent status w.e.f. 8.5.1994 as per the Work Charged Rules, 1964 read with Standing Orders 1973 and order of Finance Department dated 20.9.1995 and also grant him all consequential benefits. Petitioner in this writ petition has contended that he was initially appointed on the post of Pump Attendant on work charged basis on 8.5.1984 under the Rajasthan PWD (B & R), Including Gardens, Irrigation, Water Works & Ayurvedic Department Work Charged Employee Service Rules, 1964 read with Standing Orders of Forest Department of 1973. He worked under the control of 2 Deputy Conservator of Forest (Core Area) Tiger Project, National Park, Ranthambhor, Sawai Madhopur and performed his duties to the utmost satisfaction of the respondents till his retirement on superannuation w.e.f. 31.5.2000. Petitioner was declared semi-permanent w.e.f. 8.5.1986 (1.4.1986) under Rule 3 (3) of the Rules of 1964 in compliance of judgment of Supreme Court dated 29.10.2001. Copy of the judgment of Supreme Court is placed on record. Petitioner has placed on record copy of the order dated 31.3.1992. In that order the name of the petitioner stands at Serial No.1 and the date of his birth was mentioned as 8.5.1942. Petitioner was declared semi-permanent in the pay scale of 710-910 on 1.4.1986. Even though the petitioner completed 10 years of service as on 8.5.1994 and thus declared permanent/regular employee under Rule 3 (2) of Work Charges Rules of 1964 but despite his repeated request to the authorities, respondents did not pass any order. Ultimately, petitioner retired upon attaining the age of superannuation on 31.5.2000. Even after retirement, petitioner submitted number of representations on 3.8.2000 and 24.7.2001, but nothing was done. Conservator of Forest (Labour & Law), Rajasthan however vide his letter dated 17.8.2000 informed that his case has been forwarded to 3 Government for sanction for permanent/regular employees and accordingly he shall be granted pensionary benefits. Even thereafter when nothing was done, petitioner served notice for demand of justice and finally filed the present writ petition. Shri Zakir Hussain, learned Additional Government Counsel has submitted that case of the petitioner for grant of permanent status could not be considered due to bar contained in the services in Section 9 of the Regulation of Appointment to Public Services & Rationalization of Staff Act, 1999 (for short “Act of 1999”), which prohibits the regularisation of the services of work-charged employees. Even than Forest Department recommended his case to the Government for regularisation. It was submitted that Government of Rajasthan passed specific orders in terms of Section 9 of the Act of 1999 not to regularise services of the work-charged employees. Upon consideration of the arguments and perusal of the material on record, I find that the sole basis on which the respondents withheld the order declaring the status of the petitioner as a permanent regular employee was the prohibition contained in Section 9 of Act of 1999. Validity of Section 9 & 11 of the Act of 1999 was challenged before this 4 Court, both of which provides were declared ultravires of Article 14 & 16 of the Constitution of India vide Devision Bench judgment of this Court in Bhawani Singh Vs. State of Rajasthan : 2002 (3) WLC, 728. Even otherwise the respondents have issued circulars of dated 4.3.1998 that despite abolition of work charged system, they shall be regularised and semi permanent and permanent status shall be granted to the concerned employees. In the result, this writ petition is allowed. Respondents are directed to grant permanent status to the petitioner with effect from the date he completed 10 years of services in terms of Rule 3 of Work Charged Rules and pass appropriate order. Petitioner shall be considered for consequential benefits of grant of permanent status and accordingly his pensionary benefits, gratuity, arrears, pay fixations and other benefits treating him to be Government servant governed by the Rajasthan Service Rules, 1951. Petitioner shall also be entitled to interest @ 6% per annum for all the arrears that becomes due to be paid consequent upon implementation of this order. 5 Compliance of the judgment be made within three months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.16.