[1] SAW 1272/2005 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT D.B. CIVIL SPECIAL APPEAL (WRIT) NO. 1272/2005 IN S.B. CIVIL WRIT PETITION NO. 6590/2002 MOHAN LAL HARIJAN Vs. STATE OF RAJASTHAN & ORS. Date: 29/04/2009 HON'BLE MR. JUSTICE K.S. RATHORE HON'BLE MR. JUSTICE BHANWAROO KHAN Mr. Ajay Gupta, Advocate for appellant/petitioner. Mr. Sandeep Saxena, Advocate for the respondents. **** BY THE COURT: (PER HON'BLE MR. RATHORE,J.) The present special appeal is directed against the order impugned dated 20.10.2005 passed by the learned Single Judge in S.B. Civil Writ Petition No. 6590/2002, whereby the writ petition has been dismissed. While dismissing the writ petition of the petitioner, the learned Single Judge was of the opinion that in view of the directions already issued by the Division Bench of this Court in case of the petitioner himself, no further interference is called for on the same set of facts and prayers and accordingly dismissed the writ petition as having no merits. Learned counsel for the petitioner heavily placed reliance on the judgment rendered by this Court in the case of Smt. Radha Devi Vs. State of Raj. & Anr., reported in 2005(2) WLC(Raj.) 220. [2] SAW 1272/2005 We have carefully perused the judgment dated 16.08.2001 passed by the Division Bench of this Court in D.B. Civil Special Appeal (Writ) No. 1271/1997- Rajasthan State Electricity Board Vs. Mohan Lal, which was filed against the order of the learned Single Judge dated 18.12.1996 passed in S.B. Civil Writ Petition No. 1710/1995. The Division Bench of this Court vide its judgment dated 16.08.2001 has observed as under:- “Considering the facts found, we are of the view that the learned Single Judge has committed an error in applying with the principle of equal pay for equal work and giving a direction for payment of minimum of the pay scale of the Class IV employee with other allowances. However, considering the fact that the respondent has been discharging his duties for four hours in a day right from the date of his appointment, it would be just fair and proper that the respondent shall be paid the consolidated salary at the rate of Rs. 1250/- per month from 1.1.1997. The arrears shall be paid within a period of three months from today. It is submitted by the counsel for the respondent that throughout the period the service of the respondent is satisfactory, if that is so the Authority shall give due weight to the satisfactory long service of the respondent for considering his case for regularisation on the post of Class-IV cum Sweeper. The appeal is partly allowed.” We have also carefully gone through the judgments referred by the learned counsel for the appellants. This Court vide order dated 10.04.2009, directed the learned counsel appearing for the [3] SAW 1272/2005 respondents to inform as to whether the services of the appellant have been regularised or not. Learned counsel for the respondents submits that though the petitioner/appellant is still continuing as per the directions issued by the Division Bench of this Court vide judgment dated 16.08.2001 on the consolidated salary at the rate of 1250/- per month, but the services of the appellant cannot be regularised for want of permanent post of Class IV employee. Learned counsel appearing for the appellant is not able to point out that the appellant has been discriminated by regularising the other similar situated persons and also not able to show that any permanent post is lying vacant. In the facts and circumstances of the case and upon careful perusal of the material available on the record, we are of the view that the ratio decided by this Court in the case of Smt. Radha Devi (Supra) is not applicable to the facts and circumstances of the present case. We do not find any illegality or error in the order impugned dated 20.10.2005 passed by the learned Single Judge and the same requires no interference by this Court. Consequently, the special appeal fails being devoid of merit and the same is hereby dismissed with no order as to costs. (BHANWAROO KHAN),J. (K.S. RATHORE),J. /KKC/ (RESERVED)