CWP3601/96 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3601/1996. Mohammad Saeed & ors Vs. Municipal Council, Tonk DATE OF ORDER : 01/09/2009 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr. Nitin Jain, for the petitioners. Mr. Satyavrat Sharma, for the respondent Instant petition has been filed jointly by three petitioners with the common grievance that they were appointed in the cadre of Class IV and were continuously discharging duties of Fireman and accordingly entitled for pay of the post held by them and also for regularization against the sanctioned available post of Fireman in Municipal Corporation, Tonk. Petitioner No.1 was appointed on the post of Bhisti in the year 1986 and was confirmed on the said post. It has been alleged that since September, 1990 he is discharging the duties of Fireman and documents to this effect have been placed on record as Annexures 1 to 9. CWP3601/96 2 Petitioner No. 2 was appointed as Sweeper in the year 1990 and was confirmed on the said post and he too was assigned duties of Fireman by the respondent vide order dated 8th October, 1992 and since then he is continuously discharging duties of the post of Fireman. Documents in this respect have been placed on record from Annexures-10 to 17. Petitioner No. 3, as alleged was initially appointed on the post of Bhisti, which is in the cadre of Class IV, in the year 1976 and was confirmed on the said post. The respondents assigned him the duties of the post of Fireman since October, 1992 and since then he is continuously discharging duties of the post of Fireman. The documents Annexures 10 to 17 disclose the name of petitioners No.2 and 3 which substantiate that they are discharging duties of Fireman continuously. Post of Fireman is included in the schedule appended to the Rajasthan Municipal (Subordinate and Ministerial Service) Rules, 1963 and the same has to be filled by way of CWP3601/96 3 promotion amongst the employees working in the cadre of Class IV. Counsel for the petitioners submits that when all the petitioners are continuously discharging their duties of the post of Fireman, they are entitled to the pay which is admissible of the post of Fireman held by them and since there are sanctioned posts available the reference of which has been made in Para No. 7 of the writ petition, they are entitled to be considered for regularization on the post held by them. He further placed reliance on the judgment of this Court passed in SB Civil Writ Petition No. 1692/1992 and two others which were decided by common judgment dated 11/08/1994 in which the writ petitioners, who were discharging the duties of the post of Fireman, were held entitled for pay of the post of Fireman and it was further ordered that while making their fixations in the pay scale of Fireman, the payment of hard duty allowance shall be adjusted. So far as regularization is concerned, this Court directed the authorities to take appropriate CWP3601/96 4 decision within a limited time frame of two months. So far as the present case is concerned, no reply to the writ petition has been filed in spite of the opportunity afforded to the respondents. Counsel for the respondents submits that the petitioners had worked for intermittent period and not on regular basis as Fireman and, as such, they are not entitled for regular pay-scale of the post of Fireman. It appears from the record that the petitioners were continuously working and discharging duties of the post of Fireman. The documents to this effect have also been placed on record. There is no contrary material placed on record by the respondents by which what has been urged can be inferred by this Court and when the petitioners are discharging the duties of the post of Fireman, the documents to this effect also prima-facie depict, they were entitled for regular pay-scale of the post of Fireman at least from the date of filing of the writ petition. CWP3601/96 5 In the light of the judgment (supra), it is considered appropriate to direct the respondents to verify from their record and pay the salary of the post of Fireman from the date of filing of the writ petition i.e. 02/08/1996 after adjustment of hard duty allowance if paid and so far as regularization is concerned, if there are sanctioned posts available, the respondents may take appropriate decision in regard to their regularization in accordance with law. The respondents shall ensure compliance of the order within three months. No order as to costs. [AJAY RASTOGI], J. Raghu-3601cw1996.doc