Vineet Kothari, J. - (1.) THE petitioner was appointed on contractual appointment as 'Safai Karmi' in the respondent No. 2 - -Medical & Health Department through the Indian Red Cross Society District Pali vide order Annex. 2 dated 21/5/2008. The petitioner is constantly working as such, however, during the course of her employment, when her services were terminated vide order dated 9/10/2009, the petitioner approached this Court by way of SBCWP No. 11378/2009 - -Kaushalya Devi vs. State of Rajasthan, which writ petition came to be allowed by the learned Single Judge of this Court on 27/4/2011 with the following observations: - After hearing learned counsel for the parties and upon perusing the entire record of the case, it is abundantly clear that the petitioner was appointed vide order Annex. 2 in pursuance of advertisement Annex. 1 on contract basis to work in a Project. It is nowhere stated by the respondents in their reply that the said project is not in existence or it has come to an end. Meaning thereby, the project in question is still in existence and as per condition No. 3 of the advertisement Annex. 1, the petitioner is entitled for continuance in service till existence of the project under which she was provided appointment. In this view of the matter, the reasons given in the order of discontinuance of petitioner's services are contrary to the condition No. 3 of advertisement Annex. 1. Therefore, the order Annex. 6 dated 9/10/2009 is not sustainable in the eye of law. For above reasons, the writ petition is hereby allowed. The order dated 9th Oct. 2009 (Annex. 6) is hereby quashed and set aside. The respondents are directed to reinstate the petitioner in service on the post upon which she was working prior to discontinuance from service and allow her to work till project exists. It is also made clear that the petitioner will be entitled for entire salary for a period commencing from the date of her termination to reinstatement. Sd/ -(GOPAL KRISHAN VYAS), J.
(2.) THE Division Bench appeal against the said order came to be disposed of on 23/1/2012 vide DBSAW No. 1007/2011 - -State of Rajasthan & Ors. vs. Smt. Kaushalya with the following observations: - In our opinion, taking into account all facts and circumstances and the fact that the respondent was reinstated in the service and started rendering service, we while allowing the appeal in part though uphold the finding relating to reinstatement of respondent but modifying the impugned order in so far as it directed payment of full back wages and instead award only 25% of the total back wages in place of full as awarded by the Single Judge and in consequence direct that 75% of the amount be adjusted by deduction in equal installments from the monthly salary of the respondent so long as she is in service. We also make it clear that appellant (State) would be free to terminate services of the respondent for reasons germane for the termination, if case to that effect is made out. In the light of foregoing discussion, the appeal succeed and is allowed in part and the impugned order is modified to the extent indicated above. Sd/ -(C.M. TOTLA), J. sd/ -(A.M. SAPRE), J. The petitioner was accordingly reinstated back in service and since then she is continuously working. The only prayer made in the writ petition is that the petitioner deserves to be paid the minimum of regular pay scale, whereas, presently she is being paid Rs. 2000/ - per month, although she is working on full time basis in the respondent Department.
(3.) THE respondent Department has filed reply to the writ petition and has submitted that since the petitioner was engaged through the NGO, namely; Indian Red Cross Society District Pali, therefore, the respondent State is not entitled to pay the regular pay scale to the petitioner and the remuneration of Rs. 2000/ - pm, as per the contract is required to be paid under the NHRM Scheme, which is funded by the Central Government.;