CW 2055/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.2055/2006 Balbir Singh Versus State & Ors. Date of Order ::: 04/02/09 Hon'ble Mr. Justice Ajay Rastogi Mr. AK Jaiman for Mr. Ashok Gaur, for petitioner. Mr. Pradip Kalwania ) Addl. Govt. Counsel, for respondents Instant petition has been filed with the grievance that the petitioner is still working as Junior Engineer in Municipal Board, Raja Khera (Dholpur) since 25/11/95 (Ann.1) on daily wage of Rs.85/- despite other similarly situated persons having been regularised by State Government in compliance of judgment dt.11/06/04 of this Court in CWP-8316/02-Dara Singh Vs. State (2004(8)SLR 747). Indisputably, petitioner was initially appointed on daily wage vide order dt.25/11/95 (Ann.11) on certain terms & conditions; and respondents issued Circular dt.22/01/98 (Ann.3) to regularise such Junior Engineers duly appointed on daily wages by way of screening if continued for two years as on 30/11/97. However, his candidature was to be considered for screening and report was sought from Municipal Board vide letter dt.21/12/2000 (Ann.4) about petitioner's status, which was sent vide letter dt.05/01/01 (Ann.5) that he was working since CW 2055/06 //2// November, 1995 and his record of service is also satisfactory. However, when some of Junior Engineers appointed on daily wages were not being regularised by respondents, writ petitions were filed before this Court. A co-ordinate Bench of this Court while disposing of CWPs-8324/02, 9368/02, 9387/02, & 233/99 vide judgment dt. 11/06/04 in CWP-8316/02-Dara Singh Vs. State (supra) observed ad infra: “12. As a result of the foregoing discussions, I allow to instant writ petitions and direct as under: (i)the impugned order dated October 25, 2002 so far it relates to the petitioners stands set aside. (ii)The respondents shall give similar treatment to the petitioners as has been given to Rameshwar Lal Sharma, Ramesh Chand Sharma and Babulal Kandola and regularise the services of petitioners on the post of junior Engineer in accordance with law. (iii)The respondents shall ensure compliance of this order within two months from the date of receipt of copy of this order. (iv)There shall be no order as to costs.” Counsel for petitioner submits that in the light of judgment of this Court (supra), a number of writ petitions were decided at principal seat- CW 2055/06 //3// Jodhpur of this Court directing respondents to consider and grant similar treatment to petitioners therein as given to similarly situated Junior Engineers (Mahesh Kumar Rajpurohit (CWP-6245/05), Prabodh Mathur (CWP- 955/05), Karnesh Mathur (CWP-5337/05) & Dalip Singh Nirman (CWP-815/06) decided by this Court at principal seat respectively on 17/11/06, 28/11/06, 13/11/06 & 15/12/06; and regularise their services on the post of Junior Engineers in accordance with law. However, Counsel for respondents has not disputed the judgment passed by this Court (supra) but submits that there was no sanctioned post of Junior Engineers in the Municipal Board, Raja Khera where the petitioner is presently working, and that apart,he cannot be regularised in view of judgment of Apex Court in State of Karnataka Vs. Uma Devi (2006(4) SCC 1). It has also been informed by Counsel for petitioner that petitioner is still in service working as Junior Engineer on daily wages. Having considered the material on record, suffice is to say that controversy raised herein has been examined by co-ordinate Bench of this Court (supra) which has attained finality – in pursuance whereof, respondents have regularised services of such junior engineers appointed on CW 2055/06 //4// daily wages and no different treatment can be adopted for the petitioner. Consequently, writ petition is allowed. Petitioner is entitled for similar treatment as extended to Rameshwarlal Sharma, Ramesh Chand Sharma & Babulal Kanodla as observed by this Court in Dara Singh Vs. State (supra) and the respondents are directed to regularise services of petitioner on the post of Junior Engineer in accordance with law. Compliance be ensured within three months. No costs. (Ajay Rastogi), J. K.Khatri/p.4/2055CW06-4FbJrEng.doc