(1) Krishan Chand Sharma Vs. State of Rajasthan & Others IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : S.B. Civil Writ Petition No.959/2005. (Krishan Chand Sharma Vs. State of Rajasthan & Others) DATE OF ORDER : August 19, 2008 P R E S E N T Hon'ble Mr. Justice Gopal Krishan Vyas _______________________________ Mr. J.S. Bhaleria for petitioner. Mr. N.M. Lodha, Addl. Advocate General. BY THE COURT : In this writ petition, the petitioner has prayed for a direction to the respondents for absorbing him on the post of Gram Sevak from the date similarly situated persons have been absorbed on the posts of Gram Sevak. Before commencement of the argument, learned counsel for the petitioner prayed that this writ petition is squarely covered by the judgment of this Court rendered in S.B. Civil Writ Petition No.958/2005, Roop Chand Vs. State of Rajasthan & (2) Krishan Chand Sharma Vs. State of Rajasthan & Others Others, decided by this Bench on 05.05.2008, wherein the following order was passed : “The respondents are directed to consider the cases of the petitioners at par with the similarly situated persons and while taking into consideration the fact that both the petitioners were working on the post of Assistant Secretary on the date of taking decision by the Government for absorption, within a period of two months from the date of receipt of certified copy of this order and if the petitioners are found eligible, they shall be absorbed on the post of Secretary with all consequential benefits as granted to similarly situated persons. However, the petitioners will not be entitled for back wages and they shall be entitled to notional benefits only. If the above directions are not complied with within the stipulated period, then the petitioners will be entitled for full back wages.” In the above order, it is specifically ordered by this Court that the petitioners were working on the posts of Assistant Secretary on the date of taking decision by the Government for absorption, therefore, they may be considered and appropriate orders may be passed within two months for absorption. In the present case also, the matter of the petitioner was forwarded by the Vikas Adhikari, Panchayat Samiti, Hanumangarh for absorption on the post of Secretary vide Annex.-10 to the Chief Executive Officer, Zila Parishad, Hanumangarh and the Chief Executive Officer, Hanumangarh sent the said information to the State Government for absorption of the petitioner on the post of (3) Krishan Chand Sharma Vs. State of Rajasthan & Others Secretary in pursuance of the auctions invited by the Government vide communication dated 13.04.1999, Annex.-9. But, the respondent Department did not pass order for absorption of the petitioner on the post of Secretary, Gram Panchayat on the ground that as per information furnished by the Vikas Adhikari, the petitioner's services were terminated vide order dated 27.03.1998 passed by the Panchayat Samiti, Hanumangarh. Learned counsel for the petitioner submits that the said information was totally wrong and the petitioner was very much in service and his case was to be considered on the ground that on the date of consideration by the State Government the cases of Assistant Secretaries for absorption on the posts of Secretary, the petitioner was very much in service. For this purpose, learned counsel for the petitioner invited my attention towards order passed by the Payment of Wages Authority, Hanumangarh in Case No.88/99, Annex.-14 dated 24.07.2001, in which the said authority while taking into account all the evidence passed order for wages for the period commencing from February 1998 to November 1999. In its order dated 24.07.2001, the learned Payment of Wages Authority has categorically found on the basis of the documentary evidence coming up on record that the (4) Krishan Chand Sharma Vs. State of Rajasthan & Others petitioner continued to be in service beyond the date 27.03.1998 which fact is further strengthened by the certificates issued by the Sarpanch dated 10.07.1998, 25.05.1999 and 02.02.2000. In this view of the matter the petitioner is to be treated to be in service and the petitioner cannot be denied the benefit of consideration for absorption on the post of Secretary upon the information furnished by the Vikas Adhikari, Panchayat Samiti, Hanumangarh with regard to discontinuance from service with effect from 27.03.1998. It is also made clear that the order passed by the Addl. District Judge No.1, Hanumangarh upholding the order passed by the Payment of Wages Authority has attained finality and the petitioner has already been paid salary for the period upto November 1999 and the cases of those persons who were appointed as Assistant Secretary like petitioner were considered by the respondent Department for absorption. In view of the above, the contention of the respondent that the petitioner was not in service on the date of taking decision by the Government for absorption on the post of Secretary is totally untenable becaudse after final adjudication by the Payment of Wages Authority, Hanumangarh as well as Addl. District Judge No.1, Hanumangarh upholding the order passed by (5) Krishan Chand Sharma Vs. State of Rajasthan & Others the Payment of Wages Authority, the petitioner is to be treated to be in service. It is also required to be observed that there is no evidence on record to show that cases of only those candidates were considered who were in service. Hence this writ petition is allowed. The respondents are directed to consider the candidature of the petitioner for absorption from the post of Assistant Secretary to the post of Secretary while treating the petitioner in service on the date of taking decision by the Government for absorption and, if the petitioner is found suitable after consideration, the petitioner may be granted the same with all consequential benefits. There shall however be no order as to costs. (Gopal Krishan Vyas) J. Ojha, a.