CW 5548/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.5548/07 Abdul Kalam Versus State & Ors. DATE OF ORDER : 10/09/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. S.S. Hasan, for petitioner Mr. J.K. Agrawal, Addl. Govt. Counsel, for State *** Instant petition has been filed assailing award passed by learned Labour Court dt.12th July, 2002 [Ann.1] whereby respondents were directed to reinstate the petitioner with continuity of service, but without back wages. Despite order being passed by the authority Ann.2 dt.20th February, 2006, benefit of semi permanent and so also selection scale to which he is entitled for has not been granted to him. Petitioner-workman, who was terminated from service w.e.f. 28th July, 1989, challenged the action of the respondents and submitted application before the conciliation officer. Finally on a reference made by the appropriate government and after adjudication of the dispute, learned Labour Court passed award on 12th July, 2002 [Ann.1] while setting aside the order of termination dt.28th July, 1989 directing the respondents to reinstate the petitioner with continuity of service, but no back wages for the intervening period. CW 5548/07 [2] In compliance of the Award, petitioner was reinstated in service and vide order dt.20th February, 2006, he was granted benefit of semi- permanent under R.3(3) of Workcharged Service Rules, 1964 [“Rules, 1964”]. However, pay scale referred to was modified by issuance of corrigendum dt.24th February, 2006 giving pay scale of Rs.720-1000. During pendency of the petition arrears bills were also prepared by the respondents in compliance of order passed by them Ann.2 & Ann.3 respectively. But, actual payment was not made to him. Only contention of the counsel for petitioner is that once he has been reinstated with continuity of service, he is entitled for the benefit under Rules, 1964 seeking declaration of semi-permanent under R.3(3) of the Work-charged Service Rules, 1964. At the same time, he is entitled for consideration for selection scale in terms of circular issued by the respondents dt. 25th January, 1992. Respondents have filed reply to the writ petition and in Para 8 it has been averred that petitioner has been fixed in the revised pay scale on notional basis vide order dt.14th December, 2007, but no order to this effect has been placed on record. So far as merit of the dispute raised by the petitioner is concerned, the same has not been CW 5548/07 [3] controverted by the respondents in their reply as well. Once there is award of reinstatement with continuity of service, the petitioner became entitled for all service benefits from the date of initial appointment except back wages which was denied to him under award which certainly makes him entitled for grant of semi- permanent/permanent status under Work-charged Service Rules, 1964 on a completion of 2 & 10 years of satisfactory service and so also benefit of selection scale in terms of circular of the Government dt.25th January, 1992 and this legitimate right of the petitioner has been denied to him by the respondents without any justification and in opinion of this court, their action is violative of Article 14 of the Constitution of India. Consequently, writ petition stands allowed. Respondents are directed to make payment of arrears to the petitioner in terms of orders Ann.2 dt.20th February, 2006 & Ann.3 dt.24th February, 2006 and consider him further for semi- permanent/permanent status under Rules, 1964 and for benefit of selection scale in terms of circular of the government dt.25th January, 1992. Compliance of the order be made within three months. No order as to costs. [AJAY RASTOGI], J. FRBOHRA5548CW07 10-9.doc