H.R. Panwar, J. - (1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioners seek a direction to the respondents to grant all benefits as per the provisions of Rajasthan Service Rules, 1951 (for short 'the R.S.R.' hereinafter) from the date the petitioners No. 1 to 6 were absorbed in the regular cadre post as Beldar and petitioner No. 7 as Helper vide Annex.P -3 and to consider the case of the petitioners for promotion to the next higher post as per the provisions of Rajasthan Engineering Subordinate Service (Public Health Branch) Rules, 1967 (for short 'the Rules of 1967' hereinafter) and to pay all consequential benefits as per the provisions of the R.S.R. from the date of issuance of Annex.P -3 dt. 23.03.1998.
(2.) I have heard learned Counsel for the petitioners and the Assistant Government Advocate appearing for the respondents. The facts and circumstances giving rise to the instant writ petition are that the petitioners were initially appointed as work charge employees under the provisions of Work Charged Employees Rules, 1964 (for short 'the Rules of 1964' hereinafter) and petitioners No. 1 to 6 have been working on the post of Beldar and the petitioner No. 7 on the post of Helper. The petitioners were declared semi permanent by order dt. 02.05.1992 under the provisions of Rules of 1964 on completion of two years satisfactory services vide order Annex.P -1. On 28.02.1994 by the order of the respondent State Government, the engagement of the work charged employees under the Rules of 1964 was discontinued with immediate effect, however, the provision was made that the work charged employees who have rendered ten years of service as on 31.12.1993 shall be treated as regular employee w.e.f. 01.04.1994 and brought them under the provisions of R.S.R. A further provision was made that such employees will be regularized in phase manner. In pursuance of the order Annex.P -2, the respondents issued an order dt. 23.03.1998 Annex.P - 3 whereby the petitioners were absorbed in the regular cadre on the terms and conditions mentioned in the order. Thus, according to the learned Counsel for the petitioners, the petitioners are governed by the provisions of R.S.R. By order Annex.4 dt. 04.08.2001, the respondents issued a seniority list in respect of the employees who were absorbed in the regular cadre. The names of the present petitioners find place in the seniority list Annex.P -4. Subsequent thereto, another seniority list was issued by the respondents vide Annex.P -5 dt. 13.06.2003. After publishing of the seniority lists by Annex.P -4 and Annex.P -5, the petitioners made a representation to the respondents stating therein that they hold the permanent post of Beldar and Helper and therefore, the post which the petitioners held is a promotional post and therefore, the case of the petitioners may be considered for promotion to the next higher post under the provisions of Rules of 1967. However, they were not considered for promotion on the ground that the post of helper is a regular post under the Rules of 1967 and it could not be filled up by work charged employees assuming that the petitioners are still work charged employees under the Rules of 1964 vide Annex.P -8. Aggrieved by the order Annex.P -8, the petitioners have filed the instant writ petition.
(3.) A reply to the writ petition has been filed by the respondents. Paras No. 1 to 10 of the writ petition have been admitted.;