STATE OF RAJASTHAN Vs. KANCHAN DEVI SAVARIA
LAWS(RAJ)-2015-12-22
HIGH COURT OF RAJASTHAN
Decided on December 03,2015

STATE OF RAJASTHAN Appellant
VERSUS
Kanchan Devi Savaria Respondents

JUDGEMENT

- (1.) This intra -court appeal has been filed by the appellants -State aggrieved against the order dated 29.7.2008 passed by learned Single Judge, whereby the writ petition filed by the respondent -petitioner has been allowed and though prayer for grant of benefit of regularisation w.e.f. 5.5.1986 has been rejected, it has been directed that the petitioner will be entitled for benefit of regularisation as well as regular pay -scale with all consequential benefits from the date of amendment in Rule 25(10) of the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 ('the Rules'), which is 12.10.1992.
(2.) The respondent -petitioner, joined the services of the appellants w.e.f. 5.5.1986 as Nidhi Lipik and continued as such for a long time. Whereafter, the petitioner approached this Court for regularisation by filing SBCWP No.473/1993, which came to be decided by order dated 6.1.2000, it was directed as under: - "This petition is allowed. It is declared that the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 did apply to the services of the petitioner and she was entitled to be considered for regularisation under Rule 25(10) of the Ministerial Staff Rules, 1957. It is further directed that the respondents shall consider that decide the case of the petitioner for regularisation within a period of three months from now and shall give here benefits which will accrue to her after her service are regularized within a period of two months from the date of such decision for regularisation by the Authorities. There shall be no order as to costs."
(3.) Pursuant to the directions issued by this Court, the respondents passed an order dated 18.5.2004 giving the regular pay -scale to the petitioner. It was further indicated that the petitioner would have to undergo the test in terms of Rule 25(10) of the Rules. The petitioner passed the test in 2005, the present writ petition was filed, seeking regularisation w.e.f. 5.5.1986 with consequential relief as indicated herein -before.;


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