CW 9052/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.9052/06 Vijay Narain Verma Versus State & Ors. DATE OF ORDER : 13/02/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Akhil Simlote, for petitioner Mr. Pradeep Kalwania, Addl. Govt. Counsel, for respondents *** Instant petition has been filed by petitioner with the grievance that those who are appointed on daily wages basis much after he entered into service all have been regularized and petitioner is getting minimum of pay scale and despite his grievance being raised before the authorities no one has considered him for grant of regular pay scale to which he is entitled for. Petitioner was initially appointed as Ward Boy in Mahila Chikitsalya on 15th July, 1987 on daily wages basis. However, his services were terminated on 20th February, 1988 which was assailed before Labour Court and the learned Labour Court under its award dt.22nd August, 1994 held his termination dt.22nd February, 1988 to be illegal and further ordered for reinstatement with continuity of service along with 40% of back wages. However, in pursuance of award, the CW 9052/06 [2] respondent reinstated the petitioner in service vide order dt.3/1/96 and he was getting minimum of the pay scale of the post of Ward Boy which is included in the Schedule appended to Class IV cadre. His grievance is that those who are appointed on daily wages basis in the year 1988 or thereafter, in January, 1990 they all have been regularized and presently working in the regular pay scale of Class IV with all other facilities available to Class IV employees. However, the respondents have adopted different standard for the petitioner and despite being senior from their initial appointment he is still working in the minimum of pay scale of Class IV. Under the directions of this court, the petitioner filed additional affidavit giving complete details of employees with their initial date of appointment who are regularized in the cadre of Class IV. Counter affidavit has been filed by the respondents also and this fact has not been disputed that those who are appointed on daily wages basis in the cadre of Class IV like the petitioner as Ward Boy in 1988 or 1990 they have been regularized and presently working in the cadre of Class IV on regular basis. CW 9052/06 [3] Counsel for respondents submits that all such persons were regularized under the orders of this court and so far as present petitioner is concerned, since he does not fulfil the requisite qualification which is Class 5th examination required for appointment on the post of Class IV employee, he cannot be considered for regularization. This court in CW No.1469/96, decided on 26th September, 1996 considered their contention advanced by counsel for respondent that if persons are not qualified can still be considered for regularization, it was observed by this court that under the Rules there is a provision of relaxation and if person are working in the cadre of Class IV for sufficient long time, certainly long experience can be noticed for regularization of their service and observed as under: “In the present case, all the petitioners who are women are working since last 8-9 years and they are also getting minimum pay scale payable to Class IV employees. Rajasthan Class-IV services [Recruitment and other Service Conditions, Rules, 1963 also permit regular appointments, as Class-IV employees by absorption of part time workers, while in the present case all the petitioners are full time workers and are getting minimum of the regular pay scale. The contention of Shri Jain, learned counsel appearing for the respondents that the services of the petitioners cannot be regularized on the CW 9052/06 [4] ground that they have not passed Class Vth, is not sustainable. Relaxation is permissible under the Rules of 1963 and the State Government has been regularizing part time or daily rated employees as Class IV who did not possess the educational qualification of passing Class-Vth. This court has also been giving some advantage keeping in view the long experience of the employees. Consequently, I find no justification for not regularizing the service of the petitioners as Ward Mates/Class-IV employees. In the result, the petition is allowed and the respondents are directed to regularize the services as aforesaid within a period of four weeks from the date of filing certified copy of this order before the competent authority/officer. Against the judgment of Single Bench, Special Appeal No.243/97 was preferred by the State Government and plea was raised that few of them are not qualified under the rules but that was rejected by the Division Bench vide judgment dt.21st March, 2003. From the material which came on record, the petitioner certainly was senior in comparison to those who have been regularized in the cadre of Class IV and being senior to them certainly entitled for same parity which was granted by this court to other similarly situated employees working in the cadre of Class IV. CW 9052/06 [5] Consequently, in the light of judgment [supra], present writ petition stands allowed. Respondents are directed to regularize the petitioner in the cadre of Class IV and he will be entitled for actual benefits after notional fixation in the cadre of Class IV from the date of filing writ petition dt.16th November, 2006. Compliance be made within three months. No costs. [AJAY RASTOGI], J. FRBOHRA9052CW06 13-2.doc