JUDGEMENT
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(1.) With the consent of the learned counsel for the parties, the writ application was taken up for final disposal at this stage.
(2.) The Rajasthan State Road Transport Corporation (hereinafter referred to as the 'respondent-Corporation', for short), declined the claim of the petitioner for regularization on the post of Conductor reckoning the initial date of appointment i.e. 18.5.1985, therefore, he has approached this Court praying for the following relief(s):
"(i) issue a writ/order or direction in the nature thereby the petitioner be regularized on the post of conductor with all consequential benefits from 18.05.1988 i.e. just after 3 years of initial appointment w.e.f. 18.05.1985; and
(ii) issue a writ/order or direction in the nature thereby the non-petitioners be directed to grant the benefit of selection grade of 9 and 18 years service, to the petitioner;
(iii) issue a appropriate writ/order or direction in the nature thereby the non- petitioners be directed to grant the annual grade increments from 18.05.1988 to the petitioner;
(iv) issue a appropriate writ/order or direction in the nature thereby the non petitioners be directed to pay interest at the rate of 18% p.a. on the arrear.
(v) issue an appropriate writ/order or direction in the nature thereby the non-petitioners be regularized directed to revise the seniority list and the petitioner be placed at proper place according to the appointment date 18.05.1985.
(vi) Any other order or relief which is favourable to the petitioner be also granted and costs be also awarded in favour of the petitioner."
(3.) Shron off unnecessary details the material facts indispensable for appreciation of the controversy raised herein needs to be first noticed. The petitioner, initially appointed as a trainee conductor on 18.05.1985, was removed from service on 18th December, 1985. Assailing the action of removal from service, the petitioner instituted a civil suit which was decreed in his favour on 26th August, 1994 and consequently, the petitioner was reinstated on 21st September, 1995 (Annexure-1). The petitioner entered into a compromise with the respondent-Corporation on 28th March, 1997 (Annexure-2), agreeing to forego all the claims including 75% of back wages. Thus, according to the compromise arrived at between the parties, the petitioner was entitled to 25% of back wages and benefits of seniority as an employee on daily wages basis. As a sequel, an amount of Rs.6,125/- was to be paid to the petitioner on account of 25% of back wages provided he reported for duty within two months at the Head Office in compliance of the terms and conditions of the compromise. The petitioner was treated as on duty on daily wages basis as Conductor, and thus, the decree made in favour of the petitioner on 26th August, 1994 was completely satisfied.;
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