ANANDPRAKASH SOLANKI Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2013-11-185
HIGH COURT OF RAJASTHAN
Decided on November 26,2013

Anandprakash Solanki Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Vijay Bishnoi, J. - (1.) THE petitioner has filed this writ petition while claiming following reliefs: 1. The respondents be directed to regularised petitioner from the date his counter part (junior) were regularised (Annex. 6 order dt. 08.06.1988) and also to fix in pay scale and to assign due seniority to the petitioner with all consequential benefit and arrears of salary with interest.
(2.) ANY other appropriate order as may be just and proper in the facts and circumstances of the case be granted in favour of the petitioner. Costs of the writ petition may kindly be awarded in favour of the petitioner. Brief facts of the case are that the petitioner was appointed as work charged helper in Rajasthan Housing Board at Balotra site on 25.07.1983. He continued in service on the said post up to 06.08.1988. The Housing Board, Jaipur issued a final seniority list on 21.01.1988 of the work charged Helpers, Gardeners and Chawkidars, in which the name of the petitioner was figured at serial No. 59. 2. On 06.08.1988, the services of the petitioner were terminated by the respondent -Rajas than Housing Board. The petitioner raised an industrial dispute, and when the conciliation proceedings were failed, the State Government referred the dispute to the Labour Court, Jodhpur (for short the labour court hereinafter). The labour Court vide judgment and award dt. 23.12.1991, answered the reference while declaring that the termination of the petitioner from the service of the respondent - - Housing Board was illegal, and ordered that the petitioner be reinstated with continuity in service. The said award was published on 30.09.1992. 3. The respondent -Housing Board moved an application before the labour Court for setting aside the ex -parte award dt. 23.12.1991 but the said application was rejected by the labour Court on 09.08.1996. When the respondents failed to comply with the award dt. 23.12.1993, the petitioner preferred SBCWP No. 1890/2005 before this Court and during the pendency of the said writ petition, the respondents had reinstated the petitioner in service vide order dt. 14.07.2006 in pursuance of the award passed by the learned labour Court with continuity in service.
(3.) THE petitioner has contended in this writ that the respondents passed an order dt. 08.06.1988 and regularised the services of the work changed employees working in the Rajasthan Housing Board, who had completed two years of service and regularised the Services of all the employees, who are junior to the petitioner but even after reinstatement of the petitioner vide order dt. 14.07.1996, the petitioner has not been granted the benefits, which have been granted to his juniors.;


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