SBCWP2751/1997 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.2751/1997 {Shanker Lal Saini Vs. The State of Rajasthan and Others} Date of Order ::: 27.01.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri A.K. Bhargava, Counsel for petitioner Shri Ganesh Meena, Government Counsel for respondents #### By the Court:- Heard learned counsel for parties. This writ petition has been filed by petitioner with a prayer that respondents be directed to pay him regular pay scale of the post of Helper attached to the Electrician, which at the relevant time was of Rs.800- 1250, with effect from the date of revision of pay scale with other usual allowances, and with all consequential benefits. Shri A.K. Bhargava, learned counsel appearing for petitioner, has argued that the petitioner was initially appointed as Helper to the Electrician on 03.10.1987 in the services of the Government Press, Jaipur; he SBCWP2751/1997 // 2 // claimed payment of salary in regular pay scale of Rs.720-1000 but at that time said benefit was not given to him; he served a notice for demand of justice dated 28.10.1988 on the respondents and; thereafter, the respondents served upon him a notice under Section 25-N of the Industrial Disputes Act, 1947 (for short, 'the Act of 1947') on 26.11.1988 seeking to terminate his services; the petitioner filed S.B. Civil Writ Petition No.617/1989, which was allowed vide judgment dated 18.06.1993 of this Court and notice under Section 25-N of the Act of 1947 was quashed and set-aside. The petitioner was held to be entitled to reinstatement with consequential benefits. When the petitioner was reinstated only on daily wages basis, he again approached this court by filing S.B. Civil Writ Petition No.3933/1994, which was disposed of by this Court vide order dated 20.07.1994, with a direction to the respondents to decide the representation of the petitioner and to consider his demand to give him status of regular employee and allow him benefit of regular pay scale with other consequential benefits. It was, however, made SBCWP2751/1997 // 3 // clear that in case the petitioner was not satisfied, it will be open to him to file fresh writ petition. The respondents fixed the petitioner at minimum of pay scale of the post of Class IV employee i.e. Rs.750/-. Dissatisfied therewith, the petitioner filed this writ petition with the prayer referred to above. The learned counsel for the petitioner has further argued that the petitioner was initially appointed as Helper to Electrician. This fact has been admitted by the respondents themselves in letter dated 20.02.1995 of the Director, Government Press. They cannot now dispute the correctness of the fact that the petitioner was working as Helper to the Electrician. The petitioner is still being paid the minimum of pay scale of Class IV employee i.e. Rs.750/- or the pay scale revised from time to time with usual allowances, whereas he should have been paid allowances and other increments admissible as per the Rules. The learned counsel referring to order dated 17.09.1997 issued by the Superintendent of Government Press, argued that salary of the petitioner is being drawn against the post of 'Sanganak'. SBCWP2751/1997 // 4 // Learned counsel for the petitioner submitted that even otherwise the Government has recently taken a policy decision to regularize the services of all such Government servants who are working on ad hoc/temporary basis for last more than 10 years in terms of the judgment of the Hon'ble Supreme Court in State of Karnataka v. Umadevi – (2006) 4 SCC 1. There is no interim order operating in the case of the petitioner for continuing him in service in terms of directions contained in Para 53 of the aforesaid judgment, and respondents are continuing him in service on their own. Thus, the petitioner deserves to be regularised in service. Learned counsel for the petitioner further submitted that regular pay scale of post of Helper has been granted to some of his juniors. Learned counsel for respondents opposed the writ petition and submitted that the petitioner could not be granted pay scale of the post of Helper to Electrician because there is no sanctioned post of Helper to Electrician and, therefore, the petitioner could not be regularized on that post nor SBCWP2751/1997 // 5 // could he be paid the pay scale thereof. The learned counsel for the respondent submitted that the petitioner has not given examples of any such person who was junior to him and yet is being paid salary in the pay scale of Helper to Electrician. He was merely engaged on daily wages and subsequently was fixed at minimum of pay scale of the post of Class IV employee. Having regard to the fact that, and keeping in view recent law, in absence of sanctioned post, a direction for giving pay scale of such post even on the principle of 'equal pay for equal work', cannot be justified. However, the petitioner has been serving the respondents since 3rd October, 1987 and thereafter almost 23 years have elapsed, paying him minimum of the pay scale of Class IV employee cannot be justified especially when the Government itself has taken a policy decision to regularise services of such ad hoc/temporary employees in terms of the direction of the Supreme Court in Para 53 of the judgment in the case of State of Karnataka v. Umadevi (Supra). In the result, this writ petition is disposed of by requiring the petitioner to SBCWP2751/1997 // 6 // make a representation to the respondents, who, in their turn, shall consider his case in terms of Circular/Notification dated 08.07.2009 and pass an appropriate order for regularization of his services within a period of three months from the date a copy of this order is produced before the respondents. (Mohammad Rafiq) J. //Jaiman//