SBCWP1937/1997 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.1937/1997 Mahaveer Sharma Vs. The State of Rajasthan and Others Date of Order ::: 25.03.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Bhanwar Bagri, Counsel for petitioner Shri S.D. Khaspuria, Additional Government Counsel for respondents #### By the Court:- Heard learned counsel for parties. This writ petition has been filed by petitioner Mahaveer Sharma way back in the year 1997 with prayer that respondents be directed to consider his case for grant of regular pay scale of the post of Nakedar; further prayer is made for a direction to respondents to examine feasibility of grant of regular pay scale to petitioner by creating post in regular cadre in the establishment of Gram Panchayat and pay him salary in regular pay scale as prescribed by the Government. Shri S.D. Khaspuria, learned Additional Government Counsel appearing for respondents, opposed writ petition and submitted that no SBCWP1937/1997 // 2 // post was ever created and that Gram Panchayat has no power to create such post by passing resolution nor could Gram Panchayat engage petitioner unless there was a sanctioned post and approval was obtained from Panchayat Samiti. Learned counsel also expressed doubt that since there was no interim order in this matter, the petitioner may not be continuing in service till now. Shri Bhanwar Bagri, learned counsel for petitioner, to the contrary, insisted upon that writ petitioner is still continuing in service and submitted that the Government reasonably without any notification amended the Rajasthan Various Service (Amendment) Rules, 2009 to provide for regularization of such temporary employees who have completed ten years service on 10.04.2006 without intervention of any court or Tribunal and working as such on the date of commencement of amendment Rules. A perusal of proceedings of the Court in the writ petition shows that no interim order was passed in favour of petitioner; in fact this court by order dated 22.07.1997 dismissed the stay petition filed by petitioner. This writ petition is disposed of with a liberty to petitioner, subject to condition of SBCWP1937/1997 // 3 // his continuously working till now with respondent Department, to make a representation to respondents for considering his case in view of the Government Notification dated 08.07.2009 and the respondents, on their turn, shall consider and decide the same in accordance with law within a period of three months from the date a copy of this order is produced before them. (Mohammad Rafiq) J. //Jaiman//