- (1.) THIS special appeal is directed against order of Single Bench dated 13th February, 1998, whereby learned Single Judge while disposing of writ petition of petitioner/respondent gave direction to respondents/appellants not to terminate the services of the petitioner if the scheme is continuing and to pay him the minimum of the regular pay -scale of Junior Engineer from the date of filing of the writ petition. The writ petitioner/respondent filed a writ petition before Single Bench, wherein it was averred that petitioner was appointed by verbal order on daily wages as Junior Engineer in Municipal Board, Kaman on 1st March, 1991 at the rate of Rs. 40/ - per day and he was paid his wages at this rate upto July 1991. Thereafter, petitioner was paid a fixed amount of Rs. 500/ - per month. But from July 1, 1992 he was again paid Rs. 40/ - per day. Petitioner requested the respondents to grant him regular pay -scale admissible to Junior Engineer, but they only gave assurances and not granted him the regular pay -scale. The petitioner, therefore, prayed in the writ petition that respondents be directed to pay him the regular pay -scale of the post of Junior Engineer. It was also prayed that respondents be directed to regularise the services of petitioner on the post of Junior Engineer.
(2.) THE respondents filed their reply to writ petition, wherein averments made in the writ petition were denied and it was submitted that there was no vacant post of Junior Engineer in Municipal Board, Kaman. The petitioner was engaged in Nehru Rojgar Yojna introduced by Director of Local Self Government, Rajasthan, Jaipur. It was also stated that the scheme in which the petitioner was engaged i.e. Nehru Rojgar Yojna, there was no work in the Municipal Board, Kaman, therefore, he could not be continued and could not be paid the requisite wages, as claimed in the writ petition. It was also submitted that there was no administrative sanction and no post was vacant with the Municipal Board, Kaman and respondents are not liable to pay him regular pay -scale of the post of Junior Engineer under the Scheme of Nehru Rojgar Yojna. The regularisation of petitioner was also denied in absence of any sanctioned post.
(3.) LEARNED Single Judge after considering the submissions of learned counsel for the parties and examining the record disposed of the writ petition with the direction to the respondents not to terminate the services of the petitioner if the scheme is continuing and to pay him the minimum of the regular pay -scale of Junior Engineer. Being aggrieved with the aforesaid direction, the appellants have preferred this special appeal.;