1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.6152/2002. : : Pooran Chand Vs. State of Rajasthan & Ors. : : Date of Order 17.12.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Sunil Kumar Singodiya for the petitioner. Mr.Hemant Gupta, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. The petitioner has approached this Court by filing this writ petition and prayed that he should be granted semi- permanent status on completion of two years service and thereafter permanent status after completion of ten years of service. The petitioner was appointed on 19.2.1984 on the post of Beldar in Forest Department under the control of Divisional Forest Officer, Bharatpur. His services were terminated by the respondents w.e.f. 1.5.1984. An industrial dispute was referred to Labour Court, Bharatpur which by award dated 23.3.1993 declared his termination as illegal and ordered to reinstate him with continuity and back wages. The writ petition and thereafter special appeal filed by the 2 respondents against the award were both dismissed by this Court. The respondents ought to therefore grant him benefit of semi-permanent and permanent status. The respondents have contested the writ petition on the premise that there was a dispute with regard to date of birth of the petitioner inasmuch as it was found that secondary school certificate produced by the petitioner the date of birth i.e. 10.12.1961 was found to be corrected to 10.12.1965. First Information Report was lodged with the police and police after investigation submitted Final Report. The Final Report is pending before the ACJM, Bharatpur. Learned counsel for the petitioner submitted that police did not find any case of forgery and that the petitioner himself has produced before this Court copy of the secondary school certificate in which date of birth of the petitioner is indicated as 10.12.1961. The petitioner is claiming the benefit of semi-permanent and permanent status on the basis of aforesaid date of birth which he is accepted to be correct date of birth. In view of the aforesaid submissions made by the learned counsel for the petitioner himself accepted that 10.12.1961 is correct date of birth, whatever may have happened with the criminal case against the petitioner in the 3 protest petition the respondents have filed, the fact that the petitioner is now continuing in employment of the respondents is not in dispute. However, since his initial date of appointment is 19.2.1984, he would certainly entitle to get semi-permanent and permanent status. In the result, this writ petition is disposed of with direction to the respondents to consider case of the petitioner for semi-permanent and permanent status in accordance with Rule 3 of the Work Charged Employees Service Rules, 1964 and grant him benefit of semi-permanent and permanent status on the date when he completes two and ten years of service respectively. 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.28.