- (1.) This appeal is directed against the judgment dated 26.5.95 passed by the learned Single Judge, by which the learned Single Judge allowed the writ petition filed by the petitioner in terms of the judgment given in : Anshkalin Samaj Kaliyan Sangh, Banswara v. State of Rajasthan and others, (S.B. Civil Writ Petition No. 3453 of 1995).
(2.) The respondent-petitioner was working as Cook in the hostel run by the Social Welfare Department. The services of the petitioner-respondent were terminated. She filed the writ petition before this Court. The writ petition filed by the petitioner was allowed by the learned Single Judge relying upon the judgment of this Court given in S.B. Civil Writ Petition No. 3453 of 1995 (Anshkalin Samaj Kaliyan Sangh, Banswara v. State of Rajasthan and others) . The appeal filed by the State before the Division Bench of this Court was dismissed against which the State filed an appeal before Hon'ble the Supreme Court. Before the Supreme Court, the State filed an Action Plan/Scheme for regularisation of the services of 775 part-time Chowkidar/Cooks. The Draft Scheme filed by the State of Rajasthan was considered by the Supreme Court as just and reasonable and the Apex Court disposed of the appeal filed by the State approving the Scheme by substituting the High Court's order with the direction to regularise the services of the employees as per the Scheme. The following order was passed by the Supreme Court - "We have heard the learned counsel for the State of Rajasthan as well as the respondents in the present case. The learned counsel for the State of Rajasthan has placed before us the Scheme drawn up by the State for regularisation of the part-time employees in question for the purpose of dividing them into three groups. The first group comprising those who have completed five years of service on May, 1995. The second group comprises those who have completed two years of service in May,.1995 and the third group comprises those who have been working on May 1, 1995 and have continued to work thereafter. These employees are intended to be regularised from August 15, 1996, April 1, 1997 and April 1, 1988 respectively. The seniority will be determined on the basis of the first working day in accordance with the relevant rules. The eligibility in regard to age, educational qualification and physical fitness have also to be determined in accordance with the Rules applicable to Class IV employees in different departments at the relevant point of time. The final implication has also been separately worked down. The Scheme has been appended to the list of dates as Annexure. 'A' which we taken on record. The Scheme appears to be reasonable and acceptable and the Government of Rajasthan may proceed to finalise and implement the same except that in the first phase a clarification would be required since it says that employees who have completed five years on May, 1995 and "those part-time employees who have given pay scale No. 1 in compliance of various court judgments" which gives the impression that they may not have completed five years of service and even so they are accepted to be regularised. The learned counsel for the State of Rajasthan stated that in regard to the later group of employees falling into the first phase a clarificatory statement may be required to be made which the State would be at liberty to do. Taking this Scheme to be just and reasonable, we dispose of these petition's by substituting the High Court's order by an order directing regularising as per the Scheme. The petitions are disposed of accordingly."
(3.) Learned counsel for the parties submit that this case is squarely covered by the decision of the Supreme Court and pray that this case may be decided in the light of the judgment of the Supreme Court.;