1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.7371/2006. : : Mahavir Prasad & Ors. Vs. State of Rajasthan & Ors. : : Date of Order 20.3.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Deepak Goyal for the petitioner. Mr. Pradeep Kalwania, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. 2. This writ petition has been filed by the petitioners with the prayer that the petitioners, who all are surplus employees working in various Gram Panchayats of the Panchayati Raj Department, for a direction to the respondents to consider their case for absorption and grant them regular pay scale as was granted to other similarly situated employees and also give them selection scale of 9, 18 & 27 years of service. 3. Learned counsel for the petitioner submitted that several employees were declared surplus and many of them were absorbed on the post of Assistant Secretary whereas 2 the petitioners were not absorbed because they did not have qualification of secondary school pass. It was argued that even if the petitioners are not possessing the secondary school certificate, they could nevertheless be appointed on the post of Class-IV which post is lower than the post of Assistant Secretary. When the respondents have relaxed the requirement of rules for appointing others on the post of Assistant Secretary case of the petitioners should also be sympathetically considered. It was submitted that petitioners are working with the respondents for last more than one decade. They are still being paid fixed consolidated salary of Rs.1200/- per month. 4. Learned Additional Government Counsel opposed the writ petition and argued that only such employees who have possessing the qualification of secondary school pass were considered and adjusted against the post of Assistant Secretary and that since the petitioners did not have qualification they were not eligible for appointment. Presently they are being paid on fixed remuneration but they cannot be considered for absorption. 3 5. Having regard to the facts of the case, instead of straightaway directing absorption of the petitioners, the petitioners are set at liberty to make representation to the respondents with the prayer that other similarly situated employees were earlier considered for absorption on the post of Assistant Secretary and they were not absorbed on such posts because of lack of qualification but they may be considered for adjustment/absorption on the post of Class-IV. If such representation is made, the respondents shall consider and decide the same in accordance with law as expeditiously as possible but in no case later than six months. This writ petition is disposed of accordingly. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.12.