- (1.) THE petitioner entered in the services of the respondents on 01.9.1993 as a casual workman in workcharge cadre. The Assistant Engineer, Public Health and Engineering Department, Production Sub-Division, Udaipur by an order dated 12.9.1995 declared the petitioner as a skilled workman. By another order dated 20.3.1998 the petitioner was declared semi-permanent work-charge employee in the cadre of Beldar w.e.f. 01.5.1996. Semi-permanent status was conferred w.e.f. 1.5.1996 by treating the petitioner's date of initial appointment as 01.5.1994. Subsequent thereto a decision was taken by the State Government to accord appointment on the post of Helper to all the Beldars. Accordingly necessary details of the petitioner were remitted to the competent authority by the Superintending Engineer, Public Health and Engineering Department, Udaipur Circle, Udaipur under a letter dated 26.9.2008. No decision with regard to appoint the petitioner as Helper is yet taken by the respondents, although, certain other similarly situated work-charge employees have already been treated as Helper in the Office of Superintending Engineer, Public Health and Engineering Department, Udaipur Circle, Udaipur. This fact is substantiated by placing reliance upon office-order dated 6.10.2008 (Annex.4). The grievance of the petitioner is that he was working in work-charge cadre of the respondents since 01.1.1993, therefore, he is entitled to be declared semi-permanent w.e.f. 02.9.1995 as per Rule 3 of the Rajasthan P.W.D. (B&R), Including Gardens, Irrigation, Water Works and Ayurvedic Departments Work-charged Employees Service Rules, 1964 (hereinafter referred to as 'the Rules of 1964').
(2.) IT is further submitted that the petitioner was declared a skilled workman under the office-order dated 12.9.1995, therefore, semi-permanent status to him should have been granted on the post of Helper from inception i.e. on completion of two years of service i.e.02.9.1995. A reply to the writ petition has been filed on behalf of respondents. According to the respondents the petitioner remained in their employment from 01.9.1993 to 13.4.1994 and thereafter has stopped coming on duty and thereafter he again reported to the duties on 01.5.1994, as such, his date of initial appointment is treated as 01.5.1994. By treating the date aforesaid as the date of his initial appointment, semi-permanent status was granted to the petitioner. The fact about awarding wages of Rs.34/- per day by treating the petitioner as skilled workman under the office-order dated 12.9.1995 has not been denied.
(3.) HEARD learned counsel for the parties.;