- (1.) This intra-court appeal is directed against the order dated 03.03.2009 as passed in CWP No.1787/1998 whereby the learned Single Judge of this Court has accepted the case of the writ petitioner (the respondent herein) against denial of regular pay-scale after having been selected in a regular selection process; and has directed the appellants herein to make fixation of the writ petitioner's pay in the regular pay-scale from the date he joined the services pursuant to the order dated 10.04.1992 and further, to grant him all consequential benefits.
(2.) In brief, the relevant facts and background aspects of the matter are as follows: The appellant Rajasthan State Road Transport Corporation ('the Corporation' for short), through its Service Selection Board, invited applications under an advertisement number 42/91, as published in the newspaper on 07.04.1991, from the eligible candidates for appointment as driver against 228 anticipated vacancies. The respondent submitted his application in response to this advertisement and was subjected to the process of selection; he was included in the select list as sent by the Service Selection Board; and, thereafter, by an order dated 10.04.1992, he was appointed on the post of driver at Bikaner Depot of the Corporation on daily-rate basis. The said appointment was initially for 6 months but was, admittedly, continued from time to time.
(3.) The respondent submitted a representation claiming regular appointment on the post of driver from the date of his initial appointment, i.e., 10.04.1992; and ultimately, filed the writ petition leading to the present appeal seeking directions against the Corporation for allowing him regular pay-scale with admissible allowances from the date of initial appointment. The appellants submitted a reply to the petition with the submissions that the advertisement in question was issued only in respect of anticipated vacancies but, for no regular vacancy having occurred during the year 1991-92, the persons selected could not be accorded regular appointment. It was, however, submitted that on availability of temporary vacancies of daily-wages employees, the writ petitioner and alikes were accorded appointment on daily-wages basis for a period of 6 months and the same was extended from time to time. It was also submitted that the Corporation had prepared a scheme for regularization of daily-wages employees wherein it was, inter alia, provided that upon completion of 3 years of service and on availability of regular vacancy, an incumbent would be accorded appointment on probation for a period of one year provided his work, conduct and behaviour was satisfactory; no disciplinary proceeding or complaint was pending against him; and he was not involved in any anti-Corporation activity. While placing on record as Annex.R/1 the said scheme, the appellants contended that the services of the writ petitioner were not satisfactory; that after appointment, he had committed number of misconducts wherefor, charge-sheets were issued to him; and that disciplinary proceedings were pending as specified in Schedule-I to the reply. The appellants contended that on account of pendency of disciplinary proceedings, the writ petitioner was not entitled for regularization of his services in terms of the scheme formulated. However, it was submitted that if the petitioner would be exonerated in the inquiry, his case would be considered for regularization in accordance with the scheme.;