1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : S.B. CIVIL WRIT PETITION NO.1100/2006 (Pukh Ram Vs. State of Rajasthan & Ors.) Date of Order :: 03.09.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Rajesh Joshi, for the petitioner. Mr.Alkesh Agarwal, Dy. Govt. Counsel. By way of filing present writ petition, petitioner is challenging the order dated 23rd November, 2005 (Annexure-12) whereby the revision filed by petitioner in pursuance of direction issued by this Court in S.B. Civil Writ Petition No.5322/2005 dated 13th September, 2005 was rejected. The main contention of the petitioner is that initially he was appointed on fixed wages on 19th November, 1980 as Class-IV employee and he was discharging his duties of Class IV employee till 1997. As per petitioner, his work performance was appreciated by Sarpanch and ultimately a resolution was passed 2 to increase his salary from Rs.380/- to Rs.425/-. The petitioner is claiming regularization as well as regular pay scale of Class-IV employee prescribed for Class-IV employees of the State Government. After perusing entire pleadings and documents filed by the petitioner, I am of the view that initial appointment of petitioner itself was contrary to the Rules. The said appointment cannot be treated as appointment on regular basis and all the grounds taken by petitioner in his revision were rightly dealt with by the Vikas Adhikari, Panchayat Samiti, Raipur. The Hon'ble Supreme Court in Uma Devi's case reported in 2006 SCC (4) 1 has held that if appointment is de hors the Rules and has been made without any post then there is no question of regularization of service. Accordingly, this writ petition is dismissed while following the decision rendered by Hon'ble Supreme Court in case of Uma Devi (supra). (GOPAL KRISHAN VYAS),J. A.K. Chouhan/- A.K. Chouhan/-