Govind Mathur, J. - (1.) APPOINTMENT was accorded to the petitioner as Civil Mistry w.e.f. 1.5.1985 in work -charge cadre of the respondents. By order dated 9.9.1988 semi -permanent status was conferred on him w.e.f. 1.5.1987 on the post of Road Moharrir. It is submitted by learned counsel for the petitioner that, though, the petitioner was working as Civil Mistry, the respondents granted semi -permanent status on the post of Road Moharrir, which is in contravention of Rule 3 of the Rajasthan PWD (B&R) including Gardens, Irrigation, Water -works & Ayurvedic Department Work Charged Employees Service Rules, 1964.
(2.) A reply to the writ petition has been filed on behalf of respondents stating therein that no objection was raised by the petitioner while getting himself conferred with semi -permanent status on the post of Road Moharrir, therefore, no relief as claimed for can be given. In Ashok Kumar us. State of Rajasthan & Ors., S.B. Civil Writ Petition No. 2162/1992 decided on 21.10.2009 while dealing with the same issue this Court held as under: - Petitioners were initially appointed on the post of Driver vide Annexure 1 dated 27th June, 1987 on daily wages after selection by a Selection committee and continuing on the post. They were thereafter given a status of semi permanent by the order dated 10th April, 1992 in the cadre of Helper Gr.II (Annexure 2) and order dated 15th April, 1992 (Annexure 3). Petitioners have filed this writ petition alleging that petitioners were initially appointed on the post of Driver and now the Government has given them semi permanent status as Helper Gr.II whereas they should have been given the status of Driver instead of Helper Gr.II. It was submitted that by virtue of giving them the status of Semi Permanent as Helper Gr.II or Beldar amounts to reversion. The pay scale of a Driver is of Rs. 975 -1720 whereas that of the Helper Gr.II is 775 -1025, therefore, it is submitted that by giving them a status of Helper Gr.II this amounts to reduction in their salary also. Therefore, in the facts and circumstances of the case, the respondents are directed to give the petitioners status of semi permanent Driver instead of Helper Gr.II or Beldar as they were continuing on the post of Driver right from their initial appointment. The respondents shall pass an appropriate order and grant them a status of semi permanent Driver.
(3.) FROM perusal of the averments contained in writ petition, documents thereto and the reply to writ petition, it reveals that the petitioner in the case in hand was employed with the respondents as Civil Mistry and his services were also utilized only on the post aforesaid, as such, he is entitled for grant of semi -permanent status on the post of Civil Mistry. Accordingly, this petition for writ is allowed. The order dated 9.9.1988 is modified. The petitioner is to be treated as work -charged employee having semi -permanent status on the post of Civil Mistry w.e.f. 1.5.1987. The petitioner shall also be entitled for all consequential benefits arising out of the modification made in the order dated 9.9.1988 in the terms aforesaid.;