DHAKELI Vs. STATE OF RAJASTHAN AND ANOTHER
LAWS(RAJ)-2015-11-212
HIGH COURT OF RAJASTHAN
Decided on November 05,2015

Dhakeli Appellant
VERSUS
State of Rajasthan and Another Respondents

JUDGEMENT

VEERENDR SINGH SIRADHANA,J. - (1.) Aggrieved of the order dated 1st December, 2011, declining her representation for regularisation, the petitioner has instituted the instant writ application, praying for the following relief(s):- "(i) by issuing an appropriate writ, order or direction in the nature thereof and thereby quash and set aside the impugned order dated 01.12.2011 (Annexure 5) passed by respondent No.2; (ii) by issuing an appropriate writ, order or direction in the nature thereof and thereby direct the respondents to regularise the services of the petitioner. (iii) by issuing an appropriate writ, order or direction in the nature thereof and thereby direct the respondents to grant semi permanent status and permanent status with effect from 1973 and 1981 to the petitioner with all consequential benefits; like arrears of pay, promotion, selection scale etc. (iv) by issuing an appropriate writ, order or direction in the nature thereof and thereby direct the respondents to award the interest on arrears of pay @ 18% per annum to the petitioner. (v) any other appropriate order or direction which this Hon'ble Court may deem fit and proper in favour of the petitioner may kindly be passed with cost."
(2.) Briefly, the indispensable skeletal materials facts essential for appreciation of the controversy are that the petitioner who was initially appointed as 'daily wage employee' in the Mukhiya Krishi Gram Anusandhan Krya Rashtriya Vistar Farm, Sewar, District Bharatpur, successfully assailed termination of her employment for violation of provisions of Industrial Disputes Act, 1947 (for short, 'Act of 1947'). For the Labour Court, Bharatpur, made an award on 31st October, 1994, for reinstatement with continuity of service and all consequential benefits. It is pleaded case of the petitioner that the award was upheld by this Court as well as by the Hon'ble Supreme Court. Amendment was effected in the Rajasthan Various Service (Amendment) Rules, 2009 (for short,'Rules of 2009'), vide notification dated 8th July, 2009 to provide regularisation to such temporary employees who had completed ten years or more service on or before 10th April, 2006, without intervention of any Court or Tribunal and were continuously working as such on the date of commencement of these Amended Rules. The writ application instituted and registered as SBCWP No.5791/2010; was disposed off on 23rd April, 2010; with a direction to the petitioner to address a representation to the respondents for consideration of her case for regularisation, in view of the Government Notification dated 8th July, 2009.
(3.) In compliance of the order dated 23rd April 2010, having considered the case of the petitioner, her request for regularisation has been declined for she did complete ten years of service on or before 10th April, 2006, without any intervention of any Court or Tribunal.;


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