PREM SHANKAR ASOPA, J. - (1.) BY this writ petition, the petitioner has prayed that by an appropriate writ, order or direction to the respondents, his services on the post of Peon may be ordered to be regularised w.e.f. 21.8. 1985 with a further direction to pay regular salary equal to other persons performing the same duties of Peon. Briefly stated, relevant fails of the case are that the petitioner was initially engaged as part -time water -boy in the office of UCO Bank, Agra Road, Jaipur where he worked upto 20.4.1985. Thereafter, the petitioner was appointed as a daily rated full -time Peon on 21.8.1985 in place of one Baldev Singh, Peon who was transferred from there and since then, he has been discharging the duties of Class -1V employee/Peon. Petitioner has further submitted that he was paid at the rate of Rs. 15/ - per day and thereafter his salary was increased to Rs. 18/ - per day. At the time of filing the writ petition, he was being paid salary at the rate of Rs. 30/ -per day.
(2.) THE respondent -Bank floated a scheme for regularisation of the services of persons working temporarlly on daily wage basis. However, case of the petitioner was not considered although similarly situate persons have been considered and regularised. Respondent -Bank has filed reply to the writ petition and submitted that case of the petitioner is not covered by the empanelment and absorption of parsons engaged on daily wage basis Scheme dated 19.10.1989, more particularly eligibility criteria 2(a) according to which Water boy engaged on daily wages would not be eligible for absorption and eligibility criteria 2(e) according to which the casual worker should satisfy the normal stipulation in the Bank regarding age, namely, minimum 18 years and maximum 26 years on the date of his first engagement as casual worker. As regards similarly situated persons, the respondent -Bank has replied that those persons were found eligible and the petitioner cannot claim parity.
(3.) THE submission of the petitioner is that subsequently he was appointed on 21.8.1985 as daily rated full -time Peon and by efflux of time he has attained majority and there is no dispute about it. Further, Manager, UCO Bank, Agra Road, Jaipur in his letter dated 14.10.1986 (Anx. IV) mentioned the fact that the petitioner has been appointed in the vacancy of Baldev Ram transferred to Johari Bazar, Jaipur Branch. He was working as Class -IV since then. The petitioner is fully eligible as per, clauses 2(a) and 2(c) for regularisation of this services.;