1 S.B. CIVIL WRIT PETITION NO.4573/2009 Smt. Gori Hangat vs State of Raj. & Ors. DATE OF ORDER: 13.5.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. SP Sharma, for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner was appointed as part time cook at Government Girls Hostel on compassionate ground. The petitioner was then transferred to the Tribal Area Development Department, Dungarpur on 7th May, 1995 and she was again transferred back to her parent department and she was posted at Government Girls Ashram Hostel Obari in District Dungarpur. According to the petitioner she continued in service at various places and ultimately the services of the petitioner were terminated by the order of the respondent no.5 dated 8.1.1999 and she was removed from service from 14.1.1999. According to the petitioner the Hon'ble Apex Court in Special Leave to Appeal (Civil) No.21173/1994 accepted the 2 scheme for regularization of the employees vide order dated 29th March, 1996. Copy of the order has been placed on record as Annex.9. As per the order of the Hon'ble Apex Court dated 29th March, 1996 a scheme was given by the non-else then the employer and particularly State for regularization of part time employees in question and they were divided in three groups; first group is comprising of those persons who completed 5 years of service in May, 1995, second group is comprising of those persons who completed two years of service in May, 1995 and third group is comprising of those persons who have been working on May 1st of 1995 and have continued to work thereafter. The State Government submitted that employees are intended to be regularized from August 15, 1996, 1st April, 1997 and 1st April, 1998 respectively. The seniority will be determined on the basis of first working day and in accordance with the relevant rules, the eligibility with regard to age, education, qualification and physical fitness has also been determined in accordance with the rules applicable to Class IV employees in different department at relevant point of time. After going through the entire scheme, the Hon'ble 3 Apex Court observed that the scheme appears to be reasonable and acceptable and all State Governments may proceed to finalize and implement the same except that in first phase a clarification would be required since it says that employees who have completed five years on May, 1995 and those part-time employees who have given pay scale no.1 in compliance of various court judgments, which gives the impression that they may not have completed five years of service and even they are accepted to be regularized. The Special Leave to Appeal was disposed of by the Hon'ble Apex Court while directing the State to proceed to regularize the persons as per the scheme. Admittedly, the petitioner's services was terminated after the order dated 8.1.1999 and now after more than 10 years, the petitioner is challenging her termination of services on the ground that petitioner's case was again considered by the respondents and for that purpose, learned counsel for the petitioner placed on record number of documents including Annex.15 whereby the service record of the employees was sent for taking action and this Annex.15 is dated 12.2.2004. I do not find any reason to entertain this writ petition 4 when the Hon'ble Apex Court passed the order in the year 1996 and accepted the scheme of the State Government for regularization of the employees for whom scheme was framed and the petitioner's service was terminated in the year 1999 by order dated 9.1.1999 and she did not challenge that order knowing it well that Hon'ble Supreme Court has already passed the order for regularization. After more than 10 years, the petitioner's writ petition cannot be entertained. Hence, the writ petition of the petitioner is dismissed. (PRAKASH TATIA), J. c.p.goyal/-