- (1.) By way of filing this petition the petitioner sought relief for regularization of his services, absorption and also to pay him the pay-scale of Class-IV employee from the date of his recruitment.
(2.) In brief, the facts of the present case are that the petitioner was appointed as Helper. which is a Class IV post.
(3.) Earlier Government of Rajasthan, introduced an education scheme for poor segment of the society w.e.f. the year 1997, specially for those who belong to scheduled caste and scheduled tribe and under the aforesaid scheme two schools under the Social Welfare Department were started at Atru (Baran) and Tonk and names of these schools were given as 'Residential Schools', Free education and hostel facilities were provided there up-to Sr. Secondary level. In the Govt. Maharana Pratap Residential School Education up-to the Sr. Secondary level is being imparted and it is also one feature of the school that all the students of school are hostlers and mostly staff of the school reside in the premises situated in the school campus. Earlier the above scheme of residential schools was introduced as an experiment which was supposed to be continued subject to success of the same. Therefore, in spite of the sanctioned strength of the different posts of Class IV employees, the petitioner and other similarly situated employees were not observed as permanent employees and their contract of employment was renewed every year for a period of one academic session only and in this way most of them were not paid salary of summer vacations. Subsequently, services of the petitioner were terminated by replacing them by employees of a contractor. The above termination order was challenged by the employees before the Division Bench of this Court by filing DB Civil Writ Petition No. 5909-5926/2001 and 1295/2002 (Banwari Lal v. State of Rajasthan and others). Initially interim order against the apprehended termination was issued but ultimately vide common order dated 15-3-02 all the writ petitions were disposed of with the directions to continue them in employment till the school exists with further direction to pay them salary of 12 months in a year in place of 10 months. The Hon'ble Division Bench also directed that this order will not come in the way of the respondents in not taking any action against the petitioners in accordance with law, if called for. Being aggrieved with the judgment of Division Bench dated 15-3-2002, the State preferred SLPs before Hon'ble Apex Court bearing No. 7434-7451/2002, titled as State of Rajasthan & another v. Banwari Lal & others. The Hon'ble Apex Court dismissed the SLPs filed by the State Government vide common judgment dated 30-9-2002. The result of the aforesaid judgments was that the State Government decided to continue the above scheme of residential school with permanently considering the same successful and the result of the aforesaid schools has been 100%.;