Mohammad Rafiq, J. - (1.) PETITIONER has filed this writ petition seeking a direction to respondents State Government to issue sanction for regularization of services of the petitioner on the post of Beldar.
(2.) PETITIONER has been working on the post of Beldar on daily wages basis with Municipal Corporation, Kota, since 01.01.1990. The Municipal Corporation, on passing resolution, requested the State Government vide letters dated 28.05.2012 and 30.09.2013 to accord permission for regularization of services of the petitioner along -with other daily wages employees. The petitioner is eligible for regularization on the post of Beldar as per provisions of the Rajasthan Municipalities (Class IV Services) (Amendment) Rules, 2011, inasmuch as he has completed more than 23 years of service, but no decision has been taken by the Government. It is contended that though the petitioner was initially appointed on the post of Beldar by Municipal Corporation on 01.01.1990, but thereafter his services were dispensed with on 01.04.1991. On an industrial dispute, the Labour Court, Kota, vide award dated 18.03.2002, held the termination of the petitioner to be illegal and the Municipal Corporation was directed to reinstate the petitioner with continuity in service along -with 25% back wages. In pursuance thereof, the Municipal Corporation, took back the petitioner in service vide order dated 06.10.2003.
(3.) IT is contended that vide notification dated 27.01.2011 the Government of Rajasthan has introduced the Rajasthan Municipalities (Class IV Service) (Amendment) Rules, 2011, wherein the provisions with regard to regularization of the services of the daily wages employees were inserted, in that the employees who have completed ten years of service on 10.04.2006 on daily ages basis would be screened by a committee and then they would be given appointment on regular basis.;