Mohammad Rafiq, J. - (1.) S .B. Civil Writ Petition No. 3235/2004 has been filed by Sachivalya Dainik Vetan Bhogi Karamchari Union, Jaipur whereas Writ Petition No. 8722/2005 has been filed by the petitioners with the prayer that fresh notice inviting tender dated 08.04.2004 be quashed and set aside and Condition No. 3 of such notice be quashed and set aside being contrary to the judgment dated 28.01.2003 passed by Division Bench of this Court deciding five writ petitions leading one being D.B. Civil Writ Petition No. 9836/2002 (Vinod Kumar & Anr. v. The State of Rajasthan & Ors.). Writ petition No. 4728/2006 has been filed by the petitioners assailing order dated 29.05.2006 whereby they were discontinued from service. However, subsequently it is informed that Jagdish Prasad Gurjar and Banwari Lal are still being continued and only four petitioners namely Chhotelal, Harbal, Babu Lal and Balveer Singh have been discontinued. Although they had completed eight years by the time they were removed.
(2.) AS many as 40 class IV employees, all of them working on contractual basis, approached this Court by way of filing D.B. Civil Writ Petition No. 2655/2001 with the prayer that the respondent -State be restrained from replacing them each time whenever contract is awarded to new contractor and be required to make regular appointment and keeping in mind their long duration of the past service, give them relaxation in eligibility condition and award them bonus marks for regularization of their services. The aforesaid writ petition along with four other writ petitions were disposed by Division Bench of this Court on the basis settlement arrived at between the petitioners and the respondent -State in following terms: "Having regard to the terms of settlement, we direct as follows - (1) As per condition No. 4 of the conditions of Tender, it would be incumbent upon the contractor (New Contractor) to continue with the services of the existing employee (petitioners) upon the award of the contract to him subject to their identity being verified and subject also to verification of their suitability. (2) In the event of the Government making regular selection for the vacant posts of Farrash/Sweeper/Class IV/Helper etc. the petitioners shall be given weightage as well as relaxation in the eligibility condition keeping in view their long duration of past services subject to their satisfactory performance. (3) Subject to the giving of weightage and relaxation in the eligibility condition, the petitioners will have to compete with others, in case, the Government intends to make regular selections on the vacant posts of Farrash/Sweeper/Class IV/Helper etc. and (4) In case, the petitioners make applications or file representation before the Government, requesting it to grant benefit of Circular No. F.1(5) FD/Rules/2002 dated 13.01.2003 to them the same shall be considered by the Government within a reasonable period of time. Any decision taken by the Government on the applications or representations or the petitioners shall be binding on the contractor(s). Both the parties have agreed to the passing of the aforesaid directions. Keeping in view the directions issued by us and the settlement arrived at between the parties, the petitioners wish to withdraw the writ petitions. Accordingly, the writ petitions are allowed to be withdraw. The withdrawal of these writ petitions however will not affect the directions contained in the order and the department will be free to call for fresh tenders. The writ petitions stands disposed of." The petitioners in the present writ petitions were also petitioners in those writ petitions. When in compliance of the aforesaid judgment, the petitioners were not granted regular appointment/benefit of regularization and the Government issued fresh notice inviting tenders on 08.04.2004, Sachivalaya Dainik Vetan Bhogi Karamchari Union filed present writ petition(No. 3235/2004), with the prayer that the respondents be directed to give effect to the terms of settlement recorded in the earlier judgment and grant them benefit thereof and frame a scheme for their regularization by granting them benefit of regular pay scale and allowances and the action of the respondents in persisting with the system of engaging them through contractors be declared illegal. Challenge has been made to Condition No. 3 of the notice inviting tender dated 08.04.2004.
(3.) PETITIONERS are present in person and they have invited attention of the Court towards Annexure -A/1 of the Application No. 22845 dated 23.04.2014. According to the note appended to the aforesaid Annexure -A/1, it is evident that the respondents advertised 289 vacancies of the Class IV employees vide advertisement dated 15.01.2011 for regular appointment. In that note it was provided that as of now 158 contractual class IV employees are working with the respondents and 40 Safai Karmi are working through care taker. The minimum qualification for appointment on Class IV Employee as per Rajasthan Class IV Employee Service(Recruitment and Other Conditions of Service) Rules, 1999(hereinafter referred to as 'the Rules of 1999') was prescribed as 5th class pass. 50 marks were provided for interview and it was proposed that in view of the judgment passed by Division Bench of this Court in D.B. Civil Writ Petition No. 9836/2002 along with four other writ petitions and as per the aforesaid settlement, five bonus marks be awarded to those who have complete five years of service with the respondents for the purpose of grant of weightage and those employees who have completed more than five years of service with the respondents should be granted ten bonus marks, i.e. 20% of the total marks of interview by way of weightage and that they be granted age relaxation. That proposal was approved by the State Cabinet vide Order No. D55/MM/2013 dated 03.03.2013. Revised position of vacancies as indicated in the aforesaid note shows that as on that day, there were total 489 vacant posts but eventually it was proposed that 144 posts can be added to the already advertised 289 posts. Thus recruitment can be made of 433 posts of Class IV Employees. Only 144 posts were proposed to be added in view of the proviso to Rule 21 of the Rules of 1999 which provides that not more than 50% of the advertised posts can be increased by way of subsequent requisition. However, the proposal was sent to the office of the Hon'ble Chief Minister by the Chief Secretary on 19.09.2013 stating that actual number of vacant posts of class IV employees in the Government Secretariat was 527 and that at the time when initial advertisement was issued, the vacant posts were not available of the reserved category of Scheduled Castes but presently 54 contractual employees are working who belong to Schedule Caste and therefore, in order to maintain balance, it would be desirable to relax the proviso to Rule 21 of the Rules of 1999 and matter for that purpose was placed before the Hon'ble Chief Minister. According to the aforesaid note sheet total 86 contractual employees were to be given age relaxation. 13 such employees were working for the period from 6 to 8 years; another 13 employees were working for the period from 8 to 10 years and 12 employees were working for the period from 10 to 20 years.;