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11. We have also been informed that a large number of special appeals have also been dismissed on concessions given by the State of Rajasthan that the matters are covered by Hem Singh's judgment.

D.B. CIVIL SPECIAL APPEAL (WRIT) NO.546/2014 & 40 other connected appeals.

12. In these appeals, learned Addl. Advocate General has vehemently argued that the facts of each case were not examined. He submitted that learned counsel appearing for the State of Rajasthan did not have any authority to make any concession. In fact, most of the orders have been passed, without even calling for the reply, to confirm the facts with regard to the initial appointment of the writ petitioners. It is submitted that in most of the cases, the respondents/writ petitioners were not appointed initially as Store Munshi, which is a post in work charge establishment on a higher grade. They were appointed as Helper Gr.II, Beldar or Class-IV employees in the initial pay scale. He further submitted that in large number of stores, there was no post of Store Munshi and that some of Assistant Engineers had illegally certified the appointment of Helper and Beldar, as Store Munshi and in some cases, where there was only one post of Store Munshi, about 10-20 Beldars or Helpers were shown to be working as Store Munshis. It is submitted that in some other cases, the persons who were appointed as Helper or Beldar, after they were given semi permanent status after two years of service under Rule 3 of the Rules of 1964, were promoted as Pump Driver and thereafter as Fitter. Since after Hem Singh's case, these persons who were initially appointed as Helpers and Beldars, have been rushing to the Court for getting similar reliefs allowed to them, without calling for the reply. They have been granted same relief whereas they were neither initially appointed as Store Munshi D.B. CIVIL SPECIAL APPEAL (WRIT) NO.546/2014 & 40 other connected appeals. nor they could be given semi permanent status or permanent status as Store Munshi, as they were promoted in their trade as Pump Drivers and thereafter, Fitters.

17. We, however, find that the writ petitions were required to be decided by learned Single Judge on the facts of each case. Even if the ratio of judgment in Hem Singh's case was to be applied, learned Single Judges were, in the writ petitions giving rise to these special appeals, required to ascertain whether, in fact, the petitioners were initially appointed as Store Munshi and if they were not initially appointed as Store Munshi, the date from which they were working or the work of Store Munshi was given to them, to give them semi permanent or permanent status and consequently, the payment of arrears, after grant of such status.

18. We are relieved of examining the facts of each case, in as much as, we find that the State Government had, prior to 2007, carried out an exercise to find out the facts by screening 550 D.B. CIVIL SPECIAL APPEAL (WRIT) NO.546/2014 & 40 other connected appeals. such claimants. After detailed screening, only 247 employees, who were found to be working as Store Munshi, were allowed semi permanent status. After the judgments in Hem Singh's case, a large number of cases were decided by this Court, against which Special Appeals were also dismissed, the State Government has, in principle, accepted the upgradation on 1147 posts of Store Munshi and to grant to the persons, who were either initially appointed or subsequently allowed to work as Store Munshi, upgradation subject to screening. In the Government letter No.P.3(25)PHE/1996 Part dated 1.7.2013/3.7.2013 issued by Shri Kanhaiya Lal Agarwal, Deputy Secretary-II in Public Health & Engineering Department of the Government of Rajasthan, in principle, a decision has been communicated to the Chief Engineer (Administration), Public Health & Engineering Department, Rajasthan, to upgrade the posts of 1147 Store Munshi with certain conditions. The letter reads as follows:-

21. We make it clear that Hem Singh's case was decided on the findings that the petitioners in those cases were either employed initially on the post of Store Munshi in Work Charge Establishment of Public Health & Engineering Department or they were allowed to work subsequently as Store Munshi and that they were entitled to be granted semi permanent status after completing two years of service and permanent status after completing 10 years of service. On the facts, as they were given in Hem Singh's case, it was decided that all such persons were entitled to consequential benefits of working on the post of Store Munshi. The benefits, however, had to be given from the date, they were working as Store Munshi and for which, they should be eligible and have not received any promotion in their field, such as Pump Driver or Fitter.