SANJEEV PRAKASH SHARMA,J. - (1.) The petitioner has preferred this second writ petition as in the earlier writ petition, directions, which were issued to regularize the service of the petitioner in the Cadre of Class IV employee in terms of notification dated 27.02.2009, were not complied with and an order was passed rejecting the representation on 20.12.2011 which resulted in the contempt petition filed by the petitioner bearing No.907/2011 being dismissed with liberty to file this present petition.
(2.) Learned counsel for the petitioner submitted that the facts regarding petitioner's services continuously from 1980 remained uncontroverted. Learned counsel has taken this Court to the judgment passed by the Court dated 16.03.2011 in writ petition preferred by him bearing No.14128/2009.
(3.) Admittedly, the Court noticed that the petitioner was working in the Cadre of Class IV employee as a Safai Karamchari since 1980 on part time basis. Contention of the respondents was also noticed wherein they contended that as the petitioner is a part time employee, could not have been considered for regularization whereafter considering the law and the judgments passed from time to time in Chhotu Lal v. State of Raj. and Ors. [2005 WLC (Raj.) UC 789], Smt. Radha Devi v. State of Raj. and Anr. [2005(2) WLC (Raj.) 220], Mohan Lal v. State of Raj. and Ors. [2007(2) WLC (Raj.) 718] and Gopal Singh v. State and Ors. [2010(4) WLC (Raj.)190, the Court also noticed the provisions of notification dated 27.02.2009 and thereafter passed the following order:- 'In the light of what has been by this Court referred to supra, the present petition deserves to be allowed for the reason that petitioner is also working as part time Class-IV employee for almost more than 21 years without intervention of any Court or Tribunal and it is also not the case of the respondent that petitioner is not eligible or his working is not satisfactory which he is discharging for more than two decades. Accordingly, the writ petition succeeds and is hereby allowed. The respondents are directed to consider candidature of the petitioner for regularization of his services in the cadre of Class-IV in terms of amendment notification dt.27.02.2009. He will also be entitled for arrears of salary after being regularized in service of the cadre of Class-IV at least from the date of filing of the writ petition i.e. 10.11.2009 Appropriate orders may be passed within three months. No costs.' ;