Rajasthan High Court - Jodhpur
Gulab Singh Rajpurohit vs . State Of Rajasthan & Ors. on 2 September, 2014
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. CIVIL WRIT PETITION NO. 7332/2007.
Gulab Singh Rajpurohit Vs. State of Rajasthan & Ors.
Order dated 02/09/2014
1/9
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
:: O R D E R ::
S.B. CIVIL WRIT PETITION NO. 7332/2007.
Gulab Singh Rajpurohit Vs. State of Rajasthan & Ors.
Date of Order :::: 02nd September, 2014.
PRESENT
HON'BLE Dr. JUSTICE VINEET KOTHARI
Appearance:
Mr. Gulab Singh Rajpurohit, petitioner present in person.
Mr. Anil Yadav, OIC, Assistant Engineer, PHED, Sub Div. Luni
Jodhpur.
--
BY THE COURT:
1. The lawyers are observing strike which is contrary to various Supreme Court decisions. Name of Mr. Mukesh Rajpurohit, counsel for the petitioner, and name of Mr. N.K. Mehta, Addl. Govt. Counsel are shown in the cause list.
2. The case is listed in today's cause list at Serial No.87 in the category "for hearing". The present writ petition has S.B. CIVIL WRIT PETITION NO. 7332/2007. Gulab Singh Rajpurohit Vs. State of Rajasthan & Ors.
Order dated 02/09/2014 2/9 been filed by the petitioner on 02.11.2007 seeking following relief/s: -
"It is, therefore, humbly prayed that this writ petition may kindly be allowed and by issuing an appropriate writ, order or direction:-
(i)regularize the petitioner's services on the post of Foreman Grade II (Electrical) with all consequential benefits since his initial date of appointment on the post of Foreman Grade II.
(ii)The respondents may be directed to consider and upgrade the post of Foreman Grade-II (Electrical) to the post of Junior Engineer (Electrical) with all consequential benefits to the petitioner.
(iii)The respondents may be directed to consider and promote the petitioner on the post of Foreman Grade-1st with all consequential benefits.
(iv)Alternatively and without prejudice to other submissions, the respondents may be directed to grant 9 years selection grade to the petitioner of the post of Foreman Grade-II (Electrical) with all consequential benefits.
(v)Any other appropriate relief which this Hon'ble High Court deems just and proper in favour of the petitioner may kindly be granted to the petitioner."
S.B. CIVIL WRIT PETITION NO. 7332/2007. Gulab Singh Rajpurohit Vs. State of Rajasthan & Ors.
Order dated 02/09/2014 3/9
3. Brief facts of the case leading to filing of the present writ petition as stated in para 2 and 3 of the writ petition are quoted herein below for ready reference: -
"2. That the petitioner was appointed as Electrician-II in the department of respondent vide order dated 28.2.1979 in accordance with law. The petitioner respectfully submits a copy of above order dated 28.2.1979 as Annexure-1 with this writ petition. He was confirmed on the post of Electrician II vide order dated 13.9.1990 with effect from 1.4.1985, a copy whereof is produced herewith and marked as Annexure-2. It may be mentioned here that in the meanwhile, the petitioner, after due permission of the authorities of respondents took and passed Diploma in Electrical Engineering in the year 1984, as is clear from the copy of mark sheet and certificate of above Diploma, which are produced herewith and marked as Annexure-3 and 4 respectively. The petitioner's name was also included in the list of candidates having obtained the qualification of diploma in Engineering which list was prepared vide letter dated 29.4.1991, a copy whereof is produced herewith and marked as Annexure 5.
3. That vide order dated 12.8.1992, the petitioner was appointed on the post of Foreman- II (Electrical) in the regular pay scale of Rs.1200- S.B. CIVIL WRIT PETITION NO. 7332/2007. Gulab Singh Rajpurohit Vs. State of Rajasthan & Ors.
Order dated 02/09/2014 4/9 30-1560-40-2000-50-2050 on ad hoc and urgent temporary basis. The petitioner respectfully submits a copy of above order dated 12.8.1992 as Annexure-6 with this writ petition. It may be mentioned here that one Shri Shyam Sunder Purohit, Shri Lal Chand Seni and Shri Mahesh Kumar Pareekh, who also obtained a diploma (though in mechanical engineering) and were appointed on the post of Foreman-II (Mechanical) on ad hoc and temporary basis in the pay scale of Rs.1200-2050 vide order dated 27.2.1992, a copy whereof is produced herewith and marked as Annexure 7. The petitioner has been working satisfactorily without any complaint so far in the department of respondents. However, he has neither been regularized on the post of Foreman-II (Electrical) nor has been given benefit of 9 years selection grade notwithstanding the fact that he has completed 15 long years of satisfactory service on the post of Foreman-II (Electrical) without any complaint. The work of the petitioner is satisfactory on the post of Foreman-II he had also played important role to complete the various planning of PHED Department to supply the regular water. Therefore, the District Collector, Jodhpur issued appreciation certificate (Prashasti Patra) on 26.01.1996 in favour of petitioner. A copy of the appreciation certificate (Prasashti S.B. CIVIL WRIT PETITION NO. 7332/2007.
Gulab Singh Rajpurohit Vs. State of Rajasthan & Ors.
Order dated 02/09/2014 5/9 Patra) dated 26.01.1996 is produced herewith and marked as Annexure-8 with this writ petition."
4. In the reply filed by the respondent Department, most of the averments made in the writ petition have been admitted by the respondents. The relevant paras 3 to 5 of the reply are quoted herein below for ready reference: -
"3. That in reply to the contentions made in para No.3 of the writ petition, it is submitted that thereafter, the petitioner came to be appointed on the post of Foreman-II [Electrical Engineering] in the regular pay scale of Rs.1200-2050 on ad hoc temporary basis vide order dated 12.8.1992. It is admitted that vide order dated 27.2.1992, Sarva Shri Shyam Sunder Purohit, Lal Chand Soni and Mahesh Kumar Pareek were also appointed on the post of Foreman-II [Mechanical Engineering] on ad hoc temporary basis in the regular pay scale of Rs.1200-2050. Since the work of the petitioner was satisfactory, he was awarded a Prashashti Patra on 26.1.1996 by the District Collector, Jodhpur.
4. That the contentions made in para No.4 of the writ petition are admitted to the extent that on transfer of Shri Sajjan Singh Foreman-I, the petitioner was also entrusted the work of Foreman- I in addition to his duties on the post of Foreman-II in the workshop Sub-Division, PHED, Jodhpur vide order dated 27.2.2002 and since then, the S.B. CIVIL WRIT PETITION NO. 7332/2007. Gulab Singh Rajpurohit Vs. State of Rajasthan & Ors.
Order dated 02/09/2014 6/9 petitioner is also discharging the duties of Foreman-II and Foreman-I and his services have been found to be satisfactory by the Assistant Engineer, Workshop Sub-Division, PHED, Jodhpur.
5. That the contentions made in para No.5 of the writ petition are admitted to this extent that the Chief Engineer [Rural] PHED, Jodhpur vide letter dated 19.8.2002 recommenced for upgradation of the post of Foreman. II as Junior Engineer (Electricials) and since the petitioner's service were not regularized on the post of Foreman-II and he was not accorded promotion for a long time, the petitioner made representations for regularization of his services on the post of Foreman-II and further for his promotion on the post of Foreman-I [Electricals] and also served a registered notice on 16.2.2004."
5. Having heard the parties and perusal of the pleadings, this Court is satisfied that the case of the petitioner for upgradation of post of Foreman Grade-II to the post of Junior Engineer (Electrical) as recommended by the Chief Engineer (Rural), PHED, Jodhpur, vide the letter dated 19.08.2002 (Annex.11) deserves sympathetic consideration by the respondents.
S.B. CIVIL WRIT PETITION NO. 7332/2007. Gulab Singh Rajpurohit Vs. State of Rajasthan & Ors.
Order dated 02/09/2014 7/9
6. During the course of arguments, the petitioner has also produced a copy of the minutes of meeting held on 29.07.1991 and 03.08.1991 of the competent authority i.e. the Dy. Secretary, PHED, Govt. of Rajasthan, Jaipur, wherein it was discussed that the appointment of the Diploma holders working in the Department may be accorded to the petitioner, who was working as Foreman-II. The relevant extract of the minutes dated 29.07.1991 and 03.08.1991 is reproduced herein below for ready reference: -
"It was decided that:
i) Names of persons possessing diploma in Electrical Engineering and working in the Department as Junior Engineers should be forwarded to REDA for appointment or deputation there.
ii) Since direct recruitment is provided on the post of Foreman-II, persons who are working in subordinate positions for two years in the Department and are possessing a diploma in Electrical/Mechanical Engineering be appointed as Foreman-II on ad-hoc basis immediately against the direct recruitment post of Foreman-II. To regularise their cases, the case for necessary amendment in the rules should also be sent to DOP to incorporate the word S.B. CIVIL WRIT PETITION NO. 7332/2007.
Gulab Singh Rajpurohit Vs. State of Rajasthan & Ors.
Order dated 02/09/2014 8/9 "Electrical" in additional to "Mechanical"
as the minimum qualification for recruitment to these posts.
iii)For Civil Diploma holders, the Electrical posts below J. En. Available for direct recruitment is Junior Draftsman and hence persons with diploma in Civil Engineering who are working in subordinate position (sic!) ...... appointed as Junior Draftsman on ad-hoc basis and then action be taken for regurlise them.
iv)While taking action under (ii) and (iii) above, the provisions relating to reservation quota may also be followed.
Sd/-
Deputy Secretary, PHED"
7. The case of the petitioner is also similarly situated, therefore, there appears no valid rhyme or reason for not considering the case of the petitioner on the same lines. The petitioner further submitted that he is nearing the age of retirement and is presently 59 years of age. The Officer-in-
Charge, present in the Court is also could not point any significant reason for which the petitioner's case not was considered by the respondents.
8. Therefore, the present writ petition filed by the petitioner deserves to be allowed and the same is, accordingly, S.B. CIVIL WRIT PETITION NO. 7332/2007. Gulab Singh Rajpurohit Vs. State of Rajasthan & Ors.
Order dated 02/09/2014 9/9 allowed and the respondents are directed to consider the case of the petitioner for upgradation and further promotion in accordance with law on the same lines as Foreman working in Mechanical Engineering were considered in the meeting of the respondents authorities on 29.07.1991 and 03.08.1991. The aforesaid consideration may be completed and appropriate orders be passed by the respondents the case of the petitioner, within a period of three months from today. No costs. A copy of this order be sent to the concerned parties forthwith.
(Dr. VINEET KOTHARI), J.
DJ/-87