Mohammad Rafiq, J. - (1.) PETITIONERS have filed this writ petition praying for a direction to the respondents to regularize their services on the post of Cook/Mess Langris with effect from the date of their initial appointment and make them payment of salary in regular pay scale applicable to the post of Cook with arrears and other consequential benefits. The petitioners are regularly working with the respondents as a 'Langri' since 1983 on a consolidated payment of Rs. 150/ - per month and that was subject to increase. By order dated 9/4/2007, the Deputy Secretary to the Government, Home Department ordered that the remuneration of contractual employees, who were working on the post of Langri on temporary basis be increased from Rs. 1250/ - to Rs. 1500/ - per month with effect from 1/4/2007. Their work remained throughout satisfactory. It is contended that petitioners served upon the respondents notice for demand of justice on 19/3/2014 (Ann. 17) to regularize their services in regular pay scale, but nothing has been done so far. Hence, this writ petition.
(2.) LEARNED counsel for petitioners in support of his case, has relied on a judgment of this Court in Gopal Singh vs. State & Ors.,, 2010 (4) WLC (Raj.) 190, wherein oral termination of services of petitioner, who was a part -time cook, was held to be capricious, arbitrary and unreasonable because the respondents terminated his services when he demanded regular pay scale. The Court also held keeping part -time cooks at Rs. 1500/ - to be unconstitutional and the respondents therein were directed not to dispense with services of such cooks and to regularize those who have completed ten years of service. In this connection, it would be appropriate to reproduce herein para 12, 13 and 14 of the report, which read thus, "12. In the facts of this case, the system of retaining part time Cooks in different Police Stations/Police Lines of State and paying them earlier the petty sum of Rs. 200, 150 and Rs. 100 and now Rs. 1500/ - per month cannot at all be justified and is declared to be absolutely arbitrary, illegal and unconstitutional and requiring such employees to decide the duties of the Cooks/Langaris for nominal payment as afore -noted for preparing food of the Police Staff and under trial prisoners is declared to be absolutely arbitrary, illegal and violative of Articles 14, 16, 21, 23 and 39(d) of the Constitution of India. 13. In view of above discussion, the respondents are directed to pay to all such part time Cooks or Langaris serving with them, minimum of the regular pay scale of the concerned post and are further directed to regularize all such Cooks or Langaris, who have completed 10 years of service in terms of the direction of the Supreme Court in Secretary, State of Karnataka vs. Uma Devi, : (2006) 4 SCC page 1 contained in para 53 of the judgment and not to dispense with their service only because they are now required to be paid minimum of the regular pay scale and not to replace them by another set of ad hoc employees engaged on temporary basis. 14. Compliance of the judgment be made within a period of six months from the date its copy is produced before the respondents." Learned counsel for petitioners submitted that the State, aggrieved thereby, approached Division Bench of this Court by way of Special Appeal (Writ) No. 0207/2010 - State of Rajasthan & Ors. vs. Gopal Singh, and the Division Bench, vide order dated 22/4/2011, dismissed the same. Hence the judgment in Gopal Singh supra has attained finality.
(3.) LEARNED counsel for petitioners submitted that the case of the petitioners is fully covered by the decision of this Court in Gopal Singh supra and it is unfortunate on the part of the State Government that nothing has been done in the case of the petitioners despite clear cut direction of this Court in Gopal Singh supra to the respondents to pay to all such part time Cooks or Langaris serving with them, minimum of the regular pay scale of the concerned post and to regularize all such Cooks or Langaris, who have completed 10 years of service in terms of the direction of the Supreme Court in Secretary, State of Karnataka vs. Uma Devi, : (2006) 4 SCC 1 contained in para 53 of the judgment and not to dispense with their service only because they are now required to be paid minimum of the regular pay scale and not to replace them by another set of ad hoc employees engaged on temporary basis.;