SACHIVALAYA DAINIK VETAN BHOGI KARAMCHARI UNION, JAIPUR Vs. STATE OF RAJASTHAN
LAWS(SC)-2016-8-81
SUPREME COURT OF INDIA
Decided on
August 03,2016
Sachivalaya Dainik Vetan Bhogi Karamchari Union, Jaipur
Appellant
VERSUS
STATE OF RAJASTHAN
Respondents
Cited Judgements :-
NINGAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2018-9-262] [REFERRED TO]SATYA DEV BHAGAUR VS. STATE OF RAJASTHAN [LAWS(SC)-2022-2-64] [REFERRED TO]
STATE OF RAJASTHAN VS. ARCHANA [LAWS(SC)-2016-11-153] [REFERRED TO]
MAHESH CHAND BARETH VS. STATE OF RAJASTHAN [LAWS(SC)-2024-7-25] [REFERRED TO]
CHAUDHARY CHARAN SINGH, HARYANA AGRICULTURAL UNIVERSITY, HISAR VS. MONIKA [LAWS(SC)-2024-11-76] [REFERRED TO]
LAXMI RANI SARKAR VS. STATE OF TRIPURA [LAWS(TRIP)-2019-6-41] [REFERRED TO]
JUDGEMENT
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(1.)Leave granted.
(2.)Aggrieved by the judgment dated 27.11.2014 of the High Court of Rajasthan in Special Appeal No.1545/2014, the sole respondent therein preferred the instant appeal. The appellant is a Union of employees who are described as "Class IV employees" It is the case of the appellant that the members of the appellant Union have been attending to various menial works in the Secretariat of the State of Rajasthan. The first respondent has been resorting to the employment of members of the appellant Union through contractors (at least from the year 1998).
(3.)The appellant filed Civil Writ Petition No.4261/1999 seeking regularisation of service of its members. When the said writ petition came up for hearing before a Division Bench of the High Court, it was represented that the dispute had been settled out of court and the terms of settlement were reduced to writing. In the light of said settlement, the High Court in its order dated 28.1.2003 in Civil Writ Petition No.4261/1999 directed as follows:
"(1) As per condition No.4 of the conditions of Tender, it would be imcumbent upon the contractor (New Contractor) to continue with the services of the existing employees (petitioners) upon the award of the contract to him subject to their being verified and subject also to verification of their suitability.
(2) In the event of the Government making regular selections for the vacant posts of Farrash/Sweeper/Class IV/ Helper etc. the petitioners shall be given weightage as well as relaxation in the eligibility condition keeping in view their long duration of past services -subject to their satisfactory performance.
(3) Subject to the giving of weightage and relaxation in the eligibility condition, the petitioners will have to compete with others, in case, the Government intends to make regular selections on the vacant posts of Farrash/Sweeper/ Class IV/Helper etc. and
(4) In case, the petitioners make applications or file representation before the Government requesting it to grant benefit of Circular No.F.1(5) FD/Rules/2002 dated 13.01.2003 to them the same shall be considered by the Government within a reasonable period of time. Any decision taken by the Government on the applications or representations of the petitioners shall be binding on the contractor(s). Both the parties have agreed to the passing of the aforesaid directions."
(2.)Aggrieved by the judgment dated 27.11.2014 of the High Court of Rajasthan in Special Appeal No.1545/2014, the sole respondent therein preferred the instant appeal. The appellant is a Union of employees who are described as "Class IV employees" It is the case of the appellant that the members of the appellant Union have been attending to various menial works in the Secretariat of the State of Rajasthan. The first respondent has been resorting to the employment of members of the appellant Union through contractors (at least from the year 1998).
(3.)The appellant filed Civil Writ Petition No.4261/1999 seeking regularisation of service of its members. When the said writ petition came up for hearing before a Division Bench of the High Court, it was represented that the dispute had been settled out of court and the terms of settlement were reduced to writing. In the light of said settlement, the High Court in its order dated 28.1.2003 in Civil Writ Petition No.4261/1999 directed as follows:
"(1) As per condition No.4 of the conditions of Tender, it would be imcumbent upon the contractor (New Contractor) to continue with the services of the existing employees (petitioners) upon the award of the contract to him subject to their being verified and subject also to verification of their suitability.
(2) In the event of the Government making regular selections for the vacant posts of Farrash/Sweeper/Class IV/ Helper etc. the petitioners shall be given weightage as well as relaxation in the eligibility condition keeping in view their long duration of past services -subject to their satisfactory performance.
(3) Subject to the giving of weightage and relaxation in the eligibility condition, the petitioners will have to compete with others, in case, the Government intends to make regular selections on the vacant posts of Farrash/Sweeper/ Class IV/Helper etc. and
(4) In case, the petitioners make applications or file representation before the Government requesting it to grant benefit of Circular No.F.1(5) FD/Rules/2002 dated 13.01.2003 to them the same shall be considered by the Government within a reasonable period of time. Any decision taken by the Government on the applications or representations of the petitioners shall be binding on the contractor(s). Both the parties have agreed to the passing of the aforesaid directions."
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