JUDGMENT
S.N. Bhargava, J.
1. The petitioner was employed as Ward-body on 2nd January, 1984 at rate of Rs. 9/- per day, vide Annx. I. The petitioner was paid Rs. 11/- per day since 16th January. 1985. According to the petitioner, he continued to work as Ward-boy even after 1st January, 1987, but no payment was made though he worked upto July, 1987. He also produced a certificate Annx. 2 which shows that the petitioner is working as Ward-boy, (Class IV) in the hospital for the late 2-1/2 years. His work is satisfactory and he is of good moral character. The petitioner thereafter submitted a notice for demand for justice in August, 1987, but the same was not even acknowledged. Thereafter the petitioner filed the present writ petition in this Court on 9th December, 1987. Notices were issued on 16th December, 1987 to show cause as to why this writ petition should not be admitted and allowed. The notices were served before 5th February, 1988. The case came up before this Court on 21st March, 1988 and again on 20th April, 1988, when two weeks’ time was sought by the learned Addl. Government Advocate. Then this writ petition came up before this Court on 30th August, 1988 and three weeks’ time was sought by the learned Government Advocate. It again came up before this Court on 23rd September, 1988 and again time was sought on behalf of the State. In the interest of justice time was again granted and, it was specifically mentioned that if the reply is not filed by the next date it will be presumed that the facts as stated in the writ petition are correct. The Government has failed to file any reply to the writ petition even today. The learned Addl. Government Advocate has prayed for time to file reply and produce documents. Even the officer-in-charge of the case is not present in the Court to assist the Government Advocate. In view of the specific observations made in the order dated 23rd September, 1988, we presume that whatever the facts stated in the writ petition are correct as they have not been controverted by filing a reply or counter affidavit, or by production of record before us.
2. The petitioner had been working as Ward-boy since 2nd January, 1984 and he continuously worked upto 1-2-1987 and received regular payment. The petitioner has stated in his writ petition that he worked on the said post till July, 1987, but no payment was given to him for these seven months. The learned Counsel for the State has not been able to justify as to why the petitioner was not allowed to continue, in his work after July, 1987 or was not paid from January, 1987 to July 1987. The petitioner having worked from 2nd January, 1984 till 1st January, 1987, his services cannot be dispensed with or terminated without any fair process of law. Since no such action has been taken, we hold that the petitioner’s termination or removal or not allowing to work was wholly unjustified. The petitioner has claimed his salary from January, 1987 to July, 1987. He will be entitled to the same rate as was last drawn by him. The petitioner has filed this writ petition on 9th December, 1987. The petitioner shall also be entitled for payment of the minimum of the pay scale of Ward-boy, which is admissible to a regular Ward boy with effect from 1st January, 1988. The petitioner should report on duty within seven days from today and he will be paid minimum of the regular pay scale of Ward-boy. He should be considered for appointment as Ward-boy as and when there is vacancy. Arrears shall be paid within a period of two months. The writ petition is allowed accordingly.
3. A copy of this order be sent to the Health Secretary and the Law Secretary, Government of Rajasthan, Jaipur.