1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.563/96 Arun Singh Shekhawat vs. State & Anr. Date of order : 28/7/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Virendra Lodha for the petitioner. Shri Pradeep Kalwania, Addl. Govt. Counsel for the respondents. ****** This writ petition has been filed with the prayer that the respondents be directed to regularise services of the petitioner on the post of Mechanic Gr.II and treat him regular employee on that post and take him on regular roll against the permanent sanction post of Mechanic Gr.II with all consequential benefits. Shri Virendra Lodha, learned counsel for the petitioner has also prayed that the respondents be directed to pay to the petitioner the salary of Mechanic Gr.II on consideration of the fact that he continuously worked on that post on the basis of order passed by the respondents on 15.12.1989 till he was made permanent on the post of Helper in the year 1980. Learned counsel for the petitioner has submitted that even the respondents 2 themselves proposed amendment in the rules to the government providing that the source of recruitment in the rules should be suitably amended. Presently the source of recruitment is 100% by direct recruitment and therefore it was proposed that either full or half or part of it should be made by way of promotion. Shri Pradeep Kalwania, learned Additional Government Counsel opposed the writ petition and submitted that it was by way of interim measure that the petitioner was required to work for maintenance of photocopy machines but it could not on that basis claimed that he worked continuously on that post. It was submitted that as and when petitioner was required to work on the photostat machine, he was paid Rs.10 per month as allowance. His services cannot be regularised on the post of Mechanic Gr.II because petitioner does not possess requisite qualification of I.T.I. and the experience. The proposal sent by the department to the government for amendment in the Rules was not acceptable and as such no amendment has taken place so far. It is 3 submitted that petitioner therefore cannot be regularised. Having considered the arguments aforesaid and perused the material on record, I find that the petitioner who is working as Class IV employee cannot claim promotion because there is no such provision in the Rajasthan Agriculture Subordinate Service Rules 1978 for promotion as the source of recruitment Mechanic Gr.II. Even otherwise, he cannot be regularised contrary to the rules because he does not possess the qualification of ITI. However, so far as the question that petitioner continuously worked on the post of Mechanic Gr.II as per the order passed by the respondents till year 2008 and therefore he should be paid salary in the regular pay scale, cannot be decided in this petition because this writ petition was filed in 1996 and for all the subsequent periods, the petitioner shall have to be substantiate his claim for the principle of equal pay for equal work. For the appropriate relief, the petitioner has to approach the appropriate authority under Section 33C(2) of the 4 Industrial Disputes Act in accordance with law. The writ petition is disposed of with the aforesaid liberty. (MOHAMMAD RAFIQ), J. RS/