BHANWAR LAL SAINI Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2014-1-228
HIGH COURT OF RAJASTHAN
Decided on January 02,2014

Bhanwar Lal Saini Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Munishwar Nath Bhandari, J. - (1.) IT is stated that petitioner was initially appointed on the post of Junior Engineer on temporary basis. His services were terminated in a illegal manner, thus dispute was raised and adjudicated by the labour Court in favour of the petitioner. He was reinstated in service thereupon and is working with the respondent/s. Similarly placed employees were in the meanwhile sought regularization but when benefit was not extended, a writ petition was filed. In compliance to the judgment of this Court, the respondent/s conducted screening test in which the petitioner could not appear as he was terminated in the meanwhile and dispute was pending adjudication before the labour Court. The respondent/s declared only three employees to be successful in the screening test, namely, Rameshwar Lal Sharma, Ramesh Chandra Sharma and Babu Lal Kandola. This Court in the case of Dara Singh v. State of Rajasthan, SB Civil Writ Petition No. 8316/2002 decided on 11.6.2004 gave direction/s for grant of similar benefit to the petitioner/s therein as was given to three employees. In one of the case, the respondent/s preferred an appeal before the Division Bench followed by an appeal before the Hon'ble Apex Court but were decided against the respondents, thus all those, who 'appeared in the screening test have been regularized. In view of above, the respondents be directed to conduct screening test and regularize the service of the petitioner/s.
(2.) I have considered the submissions made by learned counsel for the petitioner. There is none to oppose the writ petition. I find that similar issue came up before this Court wherein direction was given to conduct screening test for those Junior Engineer, who were appointed on temporary basis. The respondents conducted screening test but declared only three. employees to be successful. In second round of litigation, the writ petition was allowed with the direction to extend similar benefit to the petitioner/s as was given to three employees, named above.
(3.) THE compliance of said judgment has already been made, thus this writ petition is also allowed. The respondents are directed to hold screening test for the petitioner for regularization and his case be considered in the light of the judgment in the case of Dara Singh (supra). Compliance of this judgment may be made by the respondents within a period of three months from the date of receipt of copy of this order.;


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