Veerender Singh Siradhana, J. - (1.) THIS is second round of litigation wherein the petitioner has approached this Court praying for the following relief(s): - - "Therefore, it is prayed that the writ petition may be allowed and the record of the case may kindly be call for and the respondent may kindly be directed to regularized the service of the petitioner w.e.f. 3.5.1995 when she is drawing the minimum pay scale of class -IV employee along with all arrears and benefits considering this fact that the similarly situated persons who are junior to the petitioner have been given the benefit of regularization of their services w.e.f. 30.10.1998 along with all consequential benefits and accordingly the order dated 18.12.2007 may kindly be modified to the extent in case of petitioner in the interests of justice. Any other appropriate order or direction the Hon'ble Court deem fit and proper may also be granted in favour of the petitioner."
(2.) BRIEFLY , the indispensable essential materials facts necessary for appreciation of the controversy raised in the instant writ application are: that the petitioner approached this Court by way of S.B. Civil Writ Petition No. 2260/1995 - Smt. Saroj Devi v. Settlement Commissioner & Ors., which was adjudicated upon by a Coordinate Bench of this Court vide judgment and order dated 4th November, 1996, holding thus: - - "Consequently, both the petitions are allowed in part. The petitioners shall be entitled to get minimum of the pay scale with all other allowances and benefits which are allowed to a regularly appointed Class -IV employee except those benefits and allowances which are payable on regularization. This benefit shall be available to the petitioners from the date of filing of the writ petitions i.e. 3.5.1995. The arrears shall be paid to them within two months from the date of this order. So far the prayer of regularization is concerned, the same has not been pressed on the plea that the petitioners shall be entitled to be considered for regularization as per seniority under Rajasthan Class -IV Services (Recruitment and Other Service Conditions) Rules, 1963. Both the petitions are disposed of as indicated above. No order as to costs." The petitioner has again been impelled to institute the writ proceedings as she has been accorded regularization with effect from 18th December, 2007, whereas many of those who were appointed much later than the petitioner, have been accorded regularization from a date much earlier than that of the petitioner. One of instance cited is that of Smt. Radha Devi, who was initially appointed as a part -time Sweeper with effect from 26th June, 1996, on daily wages basis. Smt. Radha Devi approached this Court, with a prayer for regularization, by way of S.B. Civil Writ Petition No. 3886/2003, decided vide judgment and order dated 27th January, 2005, with a direction to consider her case for regularization and in the meantime to pay minimum of the pay scale of the Class -IV employee with effect from 1st July, 2003. Consequently, Smt. Radha Devi has been accorded regularization vide order dated 2nd September, 2005, with immediate effect, subject to the outcome of D.B. Special Appeal (Writ) No. 446 of 2005 (State v. Smt. Radha Devi), whereas the petitioner, who was engaged on daily wages basis with effect from 11th June, 1992; has been accorded regularization with effect from 18th December, 2007 (Annexure -4).
(3.) IN response to the notice of the writ application, the respondents have filed their counter -affidavit pleading that vide order dated 30th October, 1998, the petitioner has been accorded minimum of the pay scale and allowances as admissible to Class -IV employees. Further, condition No. 2 specifically stipulated in the order dated 30th October, 1998, that the employees will not be entitled for increments of pay. It is further detailed out that the petitioner was not in possession of the essential educational qualification of having passed Class -V, therefore, she could not be regularized. However, the State Government vide order dated 15th November, 2007, has decided to grant relaxation in the educational qualification, in the cases of employees working on daily wages basis, and accordingly, vide order dated 18th December, 2007, the petitioner has been accorded regularization on the post of Class -IV. The claim of parity with that of Smt. Radha Devi has been repelled for the reason that the benefit of regularization in favour of Smt. Radha Devi was extended in compliance of the order dated 27th January, 2005, subject to the decision on the intra -court appeal, wherein the judgment and order of the learned Single Judge dated 27th January, 2005 was assailed.;