1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.7607/06 Gopal Singh Shekhawat vs. State of Rajasthan & Ors. Date of order : 27/9/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Anil Kumar Sharma for the petitioner. Shri B.L. Avasthi, Addl. Govt. Counsel for the State. ****** Heard learned counsel for the parties. This writ petition has been filed by the petitioner with the prayers that the respondents be directed to consider his case for promotion on the vacant post of Meter Reader in Urban Water Scheme / Project Reengus at Shrimadhopur and they be further directed to pay him salary of the post of Meter Reader. According to petitioner even though he is appointed as work-charged helper but the respondents are taking work of Meter Reader from him at Urban Water Scheme / Project, Reengus. The petitioner was initially appointed as work-charged Chowkidar on 1.9.1978 and was made semi permanent on 1.9.1980. He then became permanent on 1.12.1988. He was 2 promoted on the post of work-charged helper on 24.7.1989. He for the post of promotion opted the trade of Meter Reader. According to the petitioner, the respondents required him to discharge the duties of Meter Reader from 15.7.1983 and since then on, he has been continuously working as Meter Reader and yet he is being paid the salary on the lower post of work-charged helper. As per the instructions issued by the government from time to time, for every place where there are 1100 water supply connections, there should be at least one post of Meter Reader whereas in the township of Reengus there are more than 8,500 water connections, yet not a single post of Meter Reader is there. His superiors have on number of times recommended to the Government for creation of post of Meter Reader there. Learned counsel for the petitioner has invited attention of the Court towards number of such letters sent by his superiors and also various letters of recommendations sent by his superiors to the higher authorities for his promotion. Reference in this connection be made to the letter of recommendation 3 dated 24.4.91 written by Executive Engineer, PHED, Neem Ka Thana to Superintending Engineer, PHED, Jaipur, the letter dated 23.4.92 written by Assistant Engineer, PHED, Reengus to Ex. En., Neem Ka Thana, the letter dated 12.1.1993 written by Ex.En, Neem Ka Thana to Superintending Engineer, the letter dated 19.7.1994 written by Assistant Engineer, Reengus to Ex.En, Neem Ka Thana, the representation dated 29.9.1995 written by petitioner to Superintending Engineer, Sikar and the letter dated 6.12.1995 whereby the Ex.En. Neem Ka Thana forwarded the required information to the Superintending Engineer. Thereafter, the letter dated 12.12.1995 written by X.En. to Senior Personnel Officer, PHED, Headquarters at Jaipur with which the required particulars were furnished. Thereafter, again the Assistant Engineer by letter dated 11.2.1997 addressed to Ex.En. requested for sanctioning the post of Meter Reader at Reengus. Subsequently also, various authorities recommended the case of the petitioner inasmuch as in all these letters it has also been recommended that in view of 4 enormity of number of water connections in Reengus, one post of Meter Reader may be created or the case of the petitioner for promotion at the available post of Meter Reader at Shrimadhopur may be considered. Reference may also be made to the letter dated 6.1.1998 written by Ex.En. to Chief Engineer, letter dated 15.1.04 written by Assistant Engineer to Ex. En. and another letter dated 12.4.04 written by Assistant Engineer to Ex.En. In fact, the case of the petitioner was recommended by Assistant Engineer to Executive Engineer against the vacant post of Shrimadhopur and Ex.En. in turn recommended his case further to Superintending Engineer by his letter dated 17.6.04 who sought for the guidance of the Chief Personnel Officer, PHED, Headquarters, Rajasthan, Jaipur. All these documents and many such other documents which are on record, substantiate the claim of the petitioner in that the petitioner has been continuously working and discharging the duties of the Meter Reader as asserted by him since 15.7.1983. Further that the post of Meter Reader is not sanctioned at Reengus 5 even though in view of the enormity of water connections there, the different functionaries of the State have been recommending for creation of such post and lastly that the post of Meter Reader is lying vacant at Shrimadhopur since 29.2.2004 when the incumbent holding such post stood retired. The respondents in reply to the writ petition have not contested the contents of the petition but they simply stated that since there was no provision for transfer of technical employee from one unit to unit and that the petitioner cannot be given promotion against the post of Meter Reader at Shrimadhopur. Such a plea is not supported by any rule barring transfer of an employee from one unit to another. Even if the petitioner is work-charged employee or comes under the work charge rules, the fact nevertheless remains is that the respondents have been taking from him the work of higher post of Meter Reader since last more than 25 years and yet they have not been considering his claim for promotion. This is nothing but a sheer exploitation of an employee by the 6 mighty State who has no other option but to work as per the instructions of the superiors and requirement of the department. It is surprising that when there are more than eight thousand meter connections in Reengus why a single post of Meter Reader is not created. In view of what has been discussed above, this writ petition is allowed. The respondents are directed to consider either newly creating the post of Meter Reader at Reengus preferably by upgrading the post of work-charged helper held by the petitioner and consider him for promotion against such upgraded post or otherwise consider his case for promotion against the post of Meter Reader available at Shrimadhopur. Compliance of the judgement be made within three months from the date copy of this judgement is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/