N.L.TIBREWAL,J. - (1.) THE petitioners No. 1, Rajasthan Nahar Rashtriya Mazdoor Union is a union of the employees employed under the Government of Rajasthan in the Rajasthan Canal Project Command Area Development (R.C.P.) and is registered under the Unions Act, 1926. Petitioner No.2 is the Vice President of the aforesaid Union, who has been authorised by a resolution of the executive committee of the Union to file the writ petition. The writ petition has been filed for the visdication of the grievances of its members.
(2.) IN brief, the present petition relates to work -charged employees of the Rajasthan Canal Project. It is alleged that work -charged employees are being appointed by the Government of Rajasthan in various departments including P.W.D. (B&R;), Water Works, Irrigation, R.C.P. etc., and such work -charged employees are appointed for particular works, both original and maintenance. Their service conditions being of transitory nature are loss favourable to the employees in comparison to the regular Government servants. It was also stated in the petition that vide Annexure -2 and 3 the work -charged employees in P.W.D. (B&R;), excluding Gardens PWD, and the work -charged employees in the Irrigation Department, who had completed 10 years continuous service on 31.3.70 and 31.3.72 respectively were given regular cadre. In these orders it was mentioned that they will be governed by the rules applicable to regular Government employee as amended from time to time and the permanent work -charged employees presently covered under the Contributory Provident Fund Scheme, and who were taken on regular cadre, shall be allowed to contribute to the fund, or opt for the pensionary benefits under the Rajasthan Service Rules (In short R.S.R.). According to the petitioners, after several representations and persunantion the work -charged employees of the Rajasthan Canal Project succeeded to have a settlement with the Government in a meeting on 14.4.79. It provided the conversion of work -charged employees into the permanent regular cadre, who had completed 10 years continuously upto March 31, 1976 and the heads of the two departments, namely, R.C.P. and C.A.D., were asked to submit a list of such employees covered by the settlement. The relevant portion of the settlement dated 14.4.79 (Ann.4) contained in para 1(3?) is reproduced as under: .........[vernacular ommited text]...........
(3.) THEREAFTER , in implementation of the aforesaid settlement, the Government of Rajasthan decided to convert the work -charged posts into regular cadre vide Annexure -5.;