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S.B. CIVIL WRIT PETITION NO.3218/2008
Smt. Shanti Devi
Vs.
State of Raj. & Ors.
DATE OF ORDER : 7.10.2009
HON'BLE MR. GOVIND MATHUR, J.
Mr. S.P. Sharma, for the petitioner.
Mr. Durga Ram, for the respondents.
The petitioner was employed as Cook at the consolidated
salary of Rs.600/- per month in the Department of Social
Welfare at Govt. Ambedkar Scheduled Tribe Hostel-II on
15.9.1995. As per the averments contained in petition for writ
she is continuing as such, from the date of her initial
appointment, but the respondents have not regularised her
services though the consolidated salary has now been enhanced
as Rs.1800/- per month.
It is stated by the learned counsel for the petitioner that
the case of the petitioner is required to be considered for
regularisation as per sub-rule (4) of Rule (6) of the Rajasthan
Class IV Services (Recruitment and Other Service Conditions)
Rules, 1999. Sub-Rule (4) aforesaid was added with the Rules of
1999 vide the Rajasthan Class IV Services (Recruitment and
Other Service Conditions) Rules, 2009 and that prescribes that if
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any person employed on the post referred in column No.2
opposite to Sr.No.4, de hors the rules and is continuing as such
upto 10.4.2006 by completing services of ten years without any
interception of the Court or Tribunal, then his / her services shall
be screened for the purpose of regularisation by the competent
committee referred therein.
According to the learned counsel for the petitioner, the
case of the petitioner is also required to be examined and
screened as per provisions referred above. It is also stated that
this Court in similar case i.e. Durga Ram Vs. State and Ors.
(SBCWP No.920/2007) decided on 12.8.2009, while relying upon
the same provision directed the respondents to consider the case
of the employee concern in light of the scheme framed for
screening and while doing so, to keep in consideration the
judgment delivered by the Hon’ble Supreme Court in case of
Uma Devi reported in 2009(1) CDR 626 (Raj.).
Learned counsel for the respondents has accepted the
position that in similar petition for writ, directions as aforesaid
were given by this Court.
This petition for writ too is disposed of in terms of the
directions given in the case of Durga Ram (supra) with a
direction to the respondents to screen the petitioner for the
purpose of regularisation of his/her service as Cook as per sub-
rule (4) of Rule 6 of the Rules of 1999, by keeping into
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consideration the law laid down by the Hon’ble Supreme Court in
the case of Uma Devi (supra). Such exercise is required to be
made by the respondents expeditiously as far as possible within
a period of three months from today.
Cost made easy.
(GOVIND MATHUR)J.
rm/