SBCWP NO.7954/04. 1 S.B. CIVIL WRIT PETITION NO.7954/2004. Pooranmal Verma Vs. State and others Date of Order : 18/8/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri P.K. Sharma for the petitioner. Shri S.S. Sharma, Government Counsel for State. **** Heard learned counsel for the parties. This writ petition has been filed by petitioner Pooran Mal Verma with a prayer that the respondents may be directed to declare him as semi- permanent w.e.f. March 1975 after completion of two years service and permanent w.e.f. March 1985 after completion of ten years of service and further to confirm him on the post of Store Munshi from the date persons junior to him were confirmed and pay him salary in regular pay and scale on the principle of equal pay for equal work from the date of his initial appointment or atleast from the date persons junior to him were absorbed and paid in regular pay scale. Learned counsel for the petitioner has argued that petitioner was illegally retrenched from service on 28/6/1988 and appropriate government at his instance made reference of dispute to Labour Court No.1 Jaipur on the question whether retrenchment of the petitioner was legal, and if not, what relief he was entitled to? The labour court vide its award dated 30/10/1999 by holding the order of the respodnents SBCWP NO.7954/04. 2 void ab initio directed reinstatement of the petitioner with direction to pay him full back wages with continuity of service and consequential benefits. It is pursuant to that award that the petitioner is claiming all the benefits prayed for by him in the present writ petition. Respondents have contested the claim of the petitioner on the premise that they have challenged the award of the labour court in SBCWP No.2952/2000 before this Court and pending disposal of that writ petition, the reliefs prayed for by the petitioner could not be granted. This Court vide its order dated 31/10/2006 passed in the present writ petition observed that in case Writ Petition No.2952/2000 was allowed by this court, petitioner would be liable to be ousted from service and would not be entitled to any relief as prayed for. If however, the writ petition was dismissed, he will be entitled to all the benefits under the rules. The aforesaid writ petition filed by the State was dismissed by a detailed judgment of a co-ordinate Bench of this Court on 29/7/2008. In the circumstances, therefore, there is no escape for the respondents but to grant all the legitimate dues of the petitioner in accordance with the rules because in the award not only the petitioner has been held entitled to reinstatement but such reinstatement has been directed to be made with SBCWP NO.7954/04. 3 continuity and consequential benefits to him. He would be therefore treated to have continued throughout in service. In the result, the petition succeeds and is accordingly allowed. The respondents are directed to grant to the petitioner the semi-permanent and permanent status and other consequential benefits including the benefits of promotion, as may have been granted to his immediate juniors from the date such junior was granted these benefits. Compliance of the judgment be made within three months from the date, copy of this order is produced before the respondents. (MOHAMMAD RAFIQ), J. anil/-