- (1.) THE petitioners before this Court seek directions to the respondent department to declare them semi permanent and permanent on the post Store Munshi on completion of two years and ten years of service respectively on the said post in conformity with Rule 3(3) and 3(2) of the Work Charge Service Rules, 1964 ('the Rules of 1964' for brevity), as extant at the time relevant to the petitioner's right to consideration
(2.) IT is submitted that at the time petitioners' right to be declared semi permanent and permanent on the post of Store Munshi arose, the aforesaid rules were in operation. Documents filed in support of writ petition indicate that there is no dispute whatsoever that the petitioners were/are discharging duties on the post of Store Munshi and having had the requisite qualification for the aforesaid post under the Rules of 1964. It is submitted that the persons similarly placed as the petitioners, have already been conferred status of semi permanent and permanent on the post of Store Munshi under the Rules of 1964, in view of the fact that in spite of appointment as Helper on muster roll basis they had been required to discharge duties on the post of Store Munshi, in view of their qualification and the requirement of department. Various orders passed by this Court granting similar relief as prayed for in this writ petition in several writ petitions earlier filed have been annexed to the writ petition. It is submitted that the petitioners are suffering grave injustice, as those juniors to the petitioners also appointed as Helpers but working as Store Munshis have been conferred status of semi permanent and permanent. It has been submitted that the petitioners are still working as Store Munshi. Counsel for the petitioner has submitted that the only comprehensible but irrelevant difference in the case of the petitioners and their being denied the conferment of status semi permanent and permanent on the post of Store Munshi under the Rules of 1964 with others similarly placed is that such persons had approached this Court and on the court's direction have been conferred status of semi permanent and permanent Store Munshis. It is submitted that others with the capacity to pursue their case effectively with the department have also been conferred such status and the petitioners in spite of being similarly if not better placed, have been overlooked for the grant of status of semi permanent and permanent as Store Munshis at the end of two years and ten years respectively under the then extant Rules of 1964.
(3.) COUNSEL has submitted that the issue in the present writ petition is identical to the issue in the case of Bharat Singh versus State of Rajasthan and Ors. in S.B. Civil Writ Petition No. 3874/1995 decided on 21st August, 1996, which was upheld by the Division Bench in D.B. Civil Special Appeal (W) No. 1298/1996 decided on 4th February, 2007. Reliance has also been placed on the judgments of this Court in the cases of S.B. Civil Writ Petition No. 3386/1995 titled Rakesh Kumar Sharma versus The Sate of Rajasthan and Ors. decided on 7th August, 2009 and S.B. Civil Writ Petition No. 5058/2010 titled Harbhan Singh versus State of Rajasthan and Ors. decided on 29th August, 2012. Counsel states that consequently this writ petition be disposed of with the liberty to the petitioner to make a representation to the respondent department with a further direction to the department that such representation made by the petitioner be disposed of in the light of the judgment of this Court in the case of Bharat Singh (supra).;