there is 100% deputation/absorption for the post of Constable (General
duty), but, however, the said absorption shall not exceed 50% of the total
strength ... selected for
3 OA 2515/2018
permanent absorption. The case of the applicants is that in the said
absorption process of 2017 several Constables who were
claim of the writ petitioner for grant of
regularization and permanent absorption is under challenge in the present writ
petition.
2. The learned counsel ... writ
petitioner was initially engaged as Assistant and subsequently, promoted as
Driver on daily wages basis. The petitioner states that he is continuing as daily
challenge in these present writ petitions.
2.The order states that the Drivers were appointed under the
National Rural Health Mission for the purpose ... placed drivers were considered by the Government and their
services were regularized and therefore, the petitioners were also entitled
for regularization and permanent absorption
Persons with Disabilities Act'].
6. The learned counsel for the driver submitted that when a
Government employee suffers from any disability, he would still ... Section 72 of the
Persons with Disabilities Act, the driver, after his disability, should be
shifted to some other posts with pay protection and service
appellants has been that they
were recruited as Constable Drivers in Punjab Armed Battalions/District
Police on different dates. Subsequently they were transferred ... substantially long time
were vested with a right to seek permanent absorption in the State Transport
Department. Further, the respondents had adopted a pick
standing on
kachha path and also considering that owner and driver of jeep did not
appear in witness box to deny accident, goes to show ... that accident is
proved. On account of non appearance of driver and owner, adverse
inference has to be drawn against them. Accordingly, I hold that
consequently direct the respondents to
regularize the service of the petitioner as driver from the date of his
initial appointment i.e. 01.12.1997.
For Petitioner ... ORDER
The petitioner was appointed as Jeep Driver in the Forest
Department on 01.12.1997. According to him, he was continued in
service without any break
post of Driver, is under
challenge in the present writ petition.
2.Admittedly, the writ petitioner was appointed as Driver
through out-sourcing agency ... benefit
http://www.judis.nic.in
3
of regularisation or permanent absorption. All appointments to the
permanent posts are to be made strictly following
been specifically mentioned that the
appellant had been appointed as driver on 15.7.1985 in the office
of District Women & Child Development Agency, Ajmer ... entitled to be given the benefit of absorption
according to the Rajasthan Civil Services (Absorption of Surplus
Personnel) Rules, 1969. Learned counsel for the appellant
post of Driver, is under
challenge in the present writ petition.
2.Admittedly, the writ petitioner was appointed as Driver
through out-sourcing agency ... benefit
http://www.judis.nic.in
3
of regularisation or permanent absorption. All appointments to the
permanent posts are to be made strictly following