Rajasthan High Court - Jaipur
State Of Raj And Anr vs Captain Murari Badhadrra on 8 August, 2012
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR JUDGMENT D.B. CIVIL SPECIAL APPEAL NO.2684/2011 IN S.B. CIVIL WRIT PETITION NO.278/1999 STATE OF RAJASTHAN & ANR. Vs. CAPTAIN MURARI BADHADRRA DATE:08.08.2012 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-I HON'BLE MISS JUSTICE BELA M. TRIVEDI Mr. Dinesh Yadav,Additional Advocate General, for the appellants. Mr. Narendra Mishra, for the respondent.
**** At the request of parties, arguments were heard and the special appeal is being disposed off finally.
2. Appellants have preferred this special appeal against the order of Single Bench dated 14.09.2011, whereby writ petition filed by petitioner/respondent No.1 Captain Murari Badhadrra, was allowed and respondents were directed to fix the petitioner in the regular pay scale of Gliding Instructor Incharge and also to consider his case for grant of status of regular employee on the said post.
3. Submission of the learned counsel for appellants is that the learned Single Judge directed the appellants to consider the case of petitioner for regularization on the post of Gliding Instructor Incharge on the basis of judgment of the Hon'ble Apex Court in the case of Secretary, State of Karnataka And Others Vs. Umadevi (3) And Others, reported in (2006) 4 SCC 1, (delivered on 10.04.2006), presuming that petitioner had completed 10 years of service on the date of judgment, whereas petitioner was appointed on 02.09.1996 and had not completed 10 years of service on 10.04.2006. He, therefore, submitted that the order of learned Single Judge was contrary to the directions given in Umadevi's case(supra), therefore, it is liable to be set aside by this Court.
4. Learned counsel for respondent supported the impugned order of Single Bench and submitted that petitioner was appointed against regular and sanctioned post after due advertisement and he was fully qualified and there was no complaint against him and his work was fully satisfactory and he is continuously working since September, 1996 and till now he has already completed about 16 years of service. He has also submitted that respondent had already completed 15 years of service, when the order of Single Bench was passed. He, therefore, submitted that directions issued by the learned Single Judge, are in accordance with the directions of Hon'ble Apex Court given in Umadevi's case(supra), therefore, no interference is called for by this Court in the matter.
5. We have considered the submissions of learned counsel for the parties and examined the impugned order passed by the Single Bench and other documents, available on record.
6. During the course of arguments, learned counsel for appellants admitted that respondent No.1 Captain Murari Badhadrra was appointed against regular sanctioned post and is continuously working since 02.09.1996. He also admitted that work of respondent No.1 is fully satisfactory and there is no complaint against him. Even after 10.04.2006, the date of judgment of Hon'ble Apex Court in Umadevi's case(supra), respondent has been allowed to continue and till date he is working.
7. Since the writ petitioner is continuously working since September, 1996 and till now he has already completed about 16 years of service, therefore, we find that directions issued by the learned Single Judge for considering the case of writ petitioner for regularization on his post, are just and reasonable, particularly when he is fully qualified and is continuously working against regular and sanctioned post. Appellants have allowed the writ petitioner in service continuously for last about 16 years looking to his good work, therefore, in our view also, his case deserves to be considered for regularization on his post.
8. In view of above, we do not find any force in the submissions of the learned counsel for appellants.
9. The appeal is devoid of any merit and the same is, accordingly, dismissed with no order as to costs.
10. As prayed by the learned counsel for appellants, we grant two months' time from today to appellants to consider the case of respondent.
(BELA M. TRIVEDI),J. (NARENDRA KUMAR JAIN-I),J.
/KKC/ Certificate:
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
KAMLESH KUMAR P.A.