AJAY RASTOGI,J. - (1.) The petitioner is working since 12.09.1996 on the post of Assistant Secretary in the Gram Panchayat Sunadiya, Panchayat Samiti, Dudu with the consolidated wages of Rs.850 per month.
(2.) Counsel submits that the decision was taken by the State Government to consider such of the employees who are working as Assistant Secretary for absorption in terms of cricular dt.14.11.2000 issued by the Rajasthan Panchayati Raj Department and sent to all the Zila Parishads to carry out the instructions of the State Government.
(3.) The complaint of the petitioner is that despite there being a circular issued by the Govt. dt.14.11.2000 directing all the Zila Parishads to consider candidature of such Assistant Secretaries for their absorption on fulfillment of the conditions of eligibility but no action has been taken by the authorities and that has been compelled to approach this Court by way of filing of instant writ petition. The extract of the circular dt.14.11.2000 being relevant is quoted ad infra:- ...[VARNACULAR TEXT UMIITED]... Counsel further submits that those who are approaching this Court by filing of their respective writ petitions their candidature are being taken care of by the authorities for consideration/absorption and this appears to be very unusual situation that once the view has been expressed by this Court to consider the candidature of such employees for absorption in terms of circular dt.14.11.2000 there appears no reason for each and every employee to approach this Court and filed a writ petition more so when the legal issue has been considered by the Single Bench of this Court and confirmed by the Division Bench of this court. It is informed that the petitioners are still in service. One of the order of the ld. Single Judge passed by the main seat at Jodhpur in S.B.C.W.P. Nos.958/2005 and 948/2005 dt.05.05.2008 (Annexure-4) and the operative portion of the said order is reproduced as under:- "Accordingly, both the writ petitions are allowed. The respondents are directed to consider the cases of petitioners at par with the similarly situated persons and while taking into consideration the fact that both the petitioners were working on the post of Assistant Secretary on the date of taking decision by the Government for absorption, within a period of two months from the date of receipt of certified copy of this order and if the petitioners are found eligible, they shall be absorbed on the post of Secretary with all consequential benefits as granted to similarly situated persons. However, the petitioners will not be entitled for back wages and they shall be entitled to notional benefits only. If the above directions are not complied with within the stipulated period, then the petitioners will be entitled for full back wages.";