Dr. Vineet Kothari, J. - (1.) THE petitioner, who was working on Job work basis in the respondent Public Health and Engineering Department (PHED, for short) for typing work and was initially given such work contract vide Annex. 3 dated 17.11.1997 by the office of Executive Engineer, PHED, Churu, giving him the job work of typing @ Rs. 3/ - per page and Rs. 1.5/ - per carbon copy for the typing work, but the petitioner has claimed in the writ petition that he be declared semi -permanent and the respondents be directed to give him the regular pay scale from the period when he had completed two years of service along with the arrears. The petitioner has sought following reliefs: "It is, therefore, prayed that this writ petition may kindly be allowed and non -petitioners may kindly be directed to give petitioner semi permanent status and give him regular pay scale from the period when he had completed two years of service along with arrears to be paid. Any other appropriate writ or order which is in favour of petitioner may kindly be granted."
(2.) THE petitioner also produced the copy of the order (Annex. 4) whereby he was paid a sum of Rs. 3924/ - for such job work done by him under Bill No. 5 dated 05.10.2005. Mr. Ramrakh Vyas, learned counsel appearing for the petitioner relied upon the office order (Annex. 5) dated 13.11.2009 by which amongst other employees, the petitioner's name is also shown as 'Anuj Kumar', Computer Operator in the office of Executive Engineer, PHED, Churu, and he has also produced a Certificate issued by the Executive Engineer to the effect that his work as Computer Operator is satisfactory. Learned counsel for the petitioner also relied upon the Division Bench judgment of this Court in the case of Smt. Manju Sharma Vs. State of Rajasthan & Ors. (DBSAW No. 326/2002, decided on 14.12.2005 and he submits that the facts of the present case are akin to the fact of that of petitioner, Smt. Manju Sharma and, therefore, the same relief deserves to be given to the petitioner.
(3.) ON the other hand, Mr. N.K. Mehta, learned Addl. Govt. Counsel (PHED) opposed these submissions and urged that there is no regular post of Computer Operator available in the respondent Department and the petitioner was assigned the work on job basis to do certain typing works and later on he was asked to do the same work as Computer Operator, though on job basis in the respondent Department, and therefore, there is no question of giving him the status of semi permanent employee nor his services could be regularized, as he was working only on job basis.;