1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.4246/2002. : : Jai Prakash Bhargava Vs. State of Rajasthan & Ors. : : Date of Order 28.1.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. J.K.Singhi for the petitioner. Mr. Zakir Hussain, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. This writ petition has been filed challenging the order dated 14.6.2002 and subsequent order dated 1.7.2002 by which the petitioner was repatriated from Panchayati Raj Department to Forest Department. The respondents by order dated 1.7.2002 had transferred the services of the petitioner from the Forest Department to Panchayati Raj Department for being appointed as Gram Sewak and Ex-officio Secretary because in that department he treated as excess. Learned counsel for the petitioner argued that the sole premise on which the petitioner was ordered to be repatriated from Panchayati Raj Department to the Forest Department was that at the time of his absorption in the 2 Forest Department he was only a daily wager employee and that daily wager employee declared surplus and absorbed. It was argued that the respondents has taken this view erroneously because the petitioner was declared semi- permanent much before the date of his transfer. In fact, the respondents have illegally misconstrued the award of Labour Court dated 24.2.1999. As per the award of Labour Court dated 24.2.1999 the aforesaid termination was declared illegal and the petitioner was held entitled to reinstatement with continuity. As a result of which, the petitioner would be entitled to be declared semi-permanent immediately on completion of two years of service from the date of his initial appointment on 1.4.1987. Learned counsel has placed on record copy of the increment certificates issued by the Divisional Forest Officer, Chabra showing that now the petitioner has been granted permanent status in the pay scale of Rs.2550-3200/- and accordingly his pay fixation was made on 1.9.1996 to 1.9.2000. Learned counsel appearing for the respondents opposed the writ petition and submitted that the petitioner could not be declared surplus because he was serving in Forest Department on the post of Class-IV as daily wager and was not regularised and, therefore, the order of Panchayati 3 Raj Department for sending back all such employees, who were otherwise adjusted as Gram Sewak and Ex-officio Secretary was correctly passed. Having heard the learned counsel for the parties and perused the material on record, I find that though it may be a fact that the petitioner was on daily wages when his services were transferred to Forest Department from Panchayati Raj Department, but the Divisional Forest Officer, Chabra himself has passed the order for granting him permanent status to the petitioner which evident from the increment certificates issued by him indicating that pay of the petitioner was of Rs.2550-3200/- and accordingly his pay fixation was made for the period from 1.9.1996 to 1.9.2000. This Court while issuing notice passed an interim order on 19.7.2002 stayed operation of the impugned order repatriating the petitioner to the Forest Department, resultantly the petitioner has since then continued in Panchayati Raj Department. In view of the fact that the petitioner was subsequently granted regular pay scale and permanent status in the Forest Department itself w.e.f. 1.9.1996 and irregularity or illegality, if there was any, with regard to absorption of the petitioner in the Panchayati Raj 4 Department, stands cured and there is no point now in unsettling the settled position. In the result, this writ petition is allowed. The impugned orders dated 14.6.2002 and 1.7.2002 are quashed and set aside. The petitioner is entitled to all consequential benefits. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.27.