- (1.) THIS writ petition has been filed in the year 1996 with the prayer that respondents be directed to consider the case of the petitioner for conferment of semi permanent status when he completed two years of service and further confer to him permanent status on the post of Cook as he has completed 10 years of regular service and accordingly grant him regular pay scale of permanent status of the post of Cook from the date of his initial appointment i.e. 1/8/1995 with all consequential wages.
(2.) CONTENTION of the learned counsel for petitioner is that petitioner has been appointed on the post of Cook on 1/8/1995 and since then, he is regularly working with the respondents but he was being only paid daily wages and not regular wages. Learned counsel referred to the appointment order of the petitioner dated 2/9/1994 to show that by that order he was for some time in between engaged to Deputy Project Officer (MADA) on consolidated payment of Rs.22.00 per day. It was contended that petitioner is a physically handicapped person and is entitled to appointment in the quota reserved for handicapped persons as per Rule 2 of the Rajasthan Employment of the Persons with Disabilities Rules, 2000, which provides as under:- "2. Definitions :- In these rules unless the context otherwise requires:- (a) "Appointing Authority" means the authority appointed as such under the relevant service rules promulgated by the Governor under proviso to Article 309 of the Constitution of India. (b) "Blindness" referred to a condition where a person suffers from following conditions. namely:- (i) total absence of sight; or (ii) visual acquity not exceeding 6/60 or 20/200 (snellen) in the better eye with correcting lenses; or (iii) limitation of the field of vision subtending an angle of 20 degrees or worse. (c) "Cerebral palsy" means a group of non-progressive condition of a person characterized by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, peri-natal or infant period of development: (d) "Committee" means the committee referred to in rule 5. (e) "Commission" means the Rajasthan Public Service Commission. (f) "Director" means the Director of Employment Department, Rajasthan and such other officer to whom powers in this regard may be delegated by the Government. (g) "Disabilities" means:- (i) blindness or low vision. (ii) hearing impairment and (iii) Locomotor disability or cerebral palsy: (h) "Form" means a form appended to these rules. (i) "Government" means the Government of Rajasthan. (j) "Hearing impairment" means loss of sixty decibels or more in the better year in the conversational range of frequencies. (k) "Locomotor disability" means disability of the bones joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy: (l) "Medical authority" means Board constituted by the State Government consisting of three Medical Officer out of which at least one shall be a specialist not below the rank of Associate Professor or Junior specialist in particular field for assessing blindness low vision hearing impairment, locomotor disability or cerebral palsy as the case may be. (m) "Person with disability" means a person suffering from not less than forty percent of any disability as certified by a Medical Authority. D:\DOP\Webdop \Purohit Ji\RAJASTHAN Disabilities Rule 2000.doc - 1 - (n) "Person with low vision" means a person with impairment of visual functioning even after treatment or standard refractive correction but who uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device. (o) "State" means the State of Rajasthan. @ (p) Deleted. (q) "Year" means the financial year beginning form 1st April and ending on 31st March. " Learned counsel submitted that even according to the judgment of Supreme Court in Secretary State of Karnataka Vs. Umadevi 2006 (4) SCC 1 those who have completed more than 10 years service are entitled to be regularised in services without production of the interim order passed by the court. State Government has recently taken a policy decision to that effect.
(3.) SHRI B.S. Rajawat, learned Deputy Government Counsel opposed the writ petition and submitted that appointment of the petitioner was made purely on contract basis and that his appointment was not made by following any regular mode of recruitment. There can be no direction for regularisation of such an employee. His appointment was not made against any vacant sanctioned post. He was merely engaged on part time basis. Petitioner did not acquire any right to remain in service. Learned counsel also submitted that such appointee do not have any right to continue in employment particularly when appointment of the petitioner was on part time basis. It is not known whether petitioner was still in service.;