State Of Rajasthan & Ors vs Daya Lal & Ors

2. The first matter relates to persons temporarily appointed as Assistant Superintendents in 1985 and 1986 in aided hostels. The prefix `Assistant' was omitted in 1996 and thereafter the respondents were known as 2 Superintendents. The second matter relates to a person temporarily appointed as a Superintendent on 30.6.1998 in an aided hostel. They filed writ petitions contending that they were employed on full-time basis and were discharging functions similar to those of Superintendents in Government hostels, but were being paid only a meagre salary while their counterparts in Government hostels are paid much higher pay in the scale of Rs.4000-6100 in the category (A) and (B) Hostels and Rs.3200-4900 in category `C' hostels. They sought regularization in the posts of Hostel Superintendent from the date of initial appointment and payment of salary on par with hostel Superintendent of class `C' hostels of the Social Welfare Department.

3. The respective respondents in the remaining eight appeals, claim that they were appointed in the years 1995, 1996, 1997 and 1998, as part-time cooks/chowkidars in government hostels run by Social Welfare Department. They claim that their appointment orders were issued by the respective Mess Committee of the hostel where they were employed; that the State Government was paying a fixed amount of Rs.600/- per month in the form of aid to the concerned Hostel Mess Committee which, in turn, was being paid to them as remuneration. The State Government issued an order dated 3 28.12.1998, stopping the practice of appointing Class IV employees on consolidated wages and to remove any person appointed on that basis. By subsequent circular dated 21.1.1999, the District Social Welfare Officers were directed to remove part time chowkidars/cooks employed by the Department with effect from 1.2.1999 and replace them by ex-servicemen or widows of ex-servicemen. In view of the Government directives, the respondents apprehended their services may be dispensed with. [The services of two of the respondents - Madan Lal Yogi and Kurda Ram who were appointed on 15.7.1995 and 1.7.1995 respectively were however terminated even earlier, on 17.3.1997 and 28.12.1998]. The respondents submitted that this Court had earlier approved a scheme under which part time cooks and chowkidars who were working as on 1.5.1995 were regularized; and that as they (respondents) were all appointed subsequent to 1.5.1995 and were not therefore covered under the said scheme, a fresh scheme should be framed to benefit them. They therefore sought a declaration that the circulars dated 28.12.1998 and 1.2.1999, were invalid and a direction for regularization by framing an appropriate scheme similar to the scheme framed by the State Government in pursuance of the order dated 26.5.1995 of the Rajasthan High Court in WP No.3453/1994 -- Anshkalin Samaj Kalyan Sangh, Banswara vs. The State of Rajasthan. 4

4. In the first seven appeals, a learned Single Judge by a common order dated 7.5.2003 allowed the writ petitions. He held that the writ petitioners working on the posts of Superintendent, Cooks and Chowkidars are entitled to salary on par with the salary which was paid to their counterparts holding similar posts in the hostels run by the Social Welfare Department of the State Government with effect from the dates of their respective writ petitions. He also held that any attempt to terminate the services of employees working in the hostels on consolidated salary was unjust and illegal and therefore the writ petitioners should be permitted to continue to work on the posts which they were holding as on the date of filing their respective writ petitions. He directed the State Government to frame a scheme on the same lines in which the State Government had earlier framed a scheme relating to part-time cooks and chowkidars (who were serving as on 1.5.1995). He also quashed the orders dated 28.12.1998 and 21.1.1999 (which directed chowkidars and cooks employed on consolidated wages should be removed with immediate effect from 1.2.1999 and should be replaced by ex-servicemen or widows of ex-servicemen). The scheme referred to by the learned Single Judge was the scheme which was framed by the State Government in pursuance of the directions of the Rajasthan High Court in Anshkalin Samaj Kalyan Sangh (supra) which was approved by this 5 court in 1996 (in CA No.365/1994 - State of Rajasthan vs. Mod Singh). Feeling aggrieved, the State filed appeals which were dismissed by a common judgment dated 16.8.2004. The said judgments are challenged in the first seven appeals by the State and its functionaries.

Re : Question (ii) - The other appeals relating to part-time cooks/chowkidars in government hostels.

Conclusion

13. In view of the above, both the questions are answered in the negative and in favour of the appellants. Therefore, none of the respondents is entitled to any relief. All the appeals are allowed and the orders of the High Court challenged in these appeals are set aside. Consequently, the writ petitions filed by the respondents before the High Court stand dismissed.