1. - Heard learned counsel for the parties.

2. The petitioner has made the following prayer in the writ petition:-

"(i) issue a writ of mandamus or order or direction, directing the State to regularise the service of the petitioner as LDC/Assistant (II) from the date of his appointment.

(ii) that issue a writ, order or direction directing the State to regularise the deliberately break given to the petitioner on the last day of every month and consider his various representations in favour of the petitioner.

(iii) that issue a writ, order or direction directing the State No.2 to pay the difference of the arrears of his salary to the petitioner from the date of his appointment for having regularly discharged and performed whole time and full time duties of LDC/Assistant (II) under the supervision of State No.2.

(iv) that issue necessary direction or order directing the State to absorb and regularise the petitioner as L.D.C./Assistant (II) under the control of State No.2 as if he was regularly appointed.

(v) that issue a direction or order directing the State to pay the salary of the petitioner w.e.f. 4th November, 1991.

(vi) that cost of this writ petition may also be quantified and allowed to the petitioner from the States.

(vii) that any other relief in the facts and circumstances of the case, this Hon'ble Court deems fit and proper may also kindly be allowed to the petitioner.

3. The petitioner passed his Secondary Examination in the year 1976, Higher Secondary Examination in the year 1977 from the Board of Secondary Education, Rajasthan, Ajmer, and thereafter he passed his B.Com. Examination in the year 1981 and M. Com. Examination in the year 1989 from Rajasthan University.

4. The petitioner contended that he was appointed as skilled labour on 30th of July, 1983 on daily wages basis in the office of State Board. His services were terminated on 12th October, 1989, which was challenged by the petitioner by filing S.B. Civil Writ Petition No. 5464/1989. This Court allowed that S.B. Civil Writ Petition No. 5464/1989 vide its judgment dated 4th of November, 1991 and it was directed that the petitioner will be reinstated on the same terms and conditions which were applicable in October, 1989, when his services were terminated. It was also made clear that the petitioner will not be entitled to any salary for the period of his termination but he will be taken back in service from the date of his submission of the duty-joining-report and the period of his termination will not be treated as interruption in the service. Thereafter the petitioner was allowed to join and then he is regularly holding the post. It is stated that although the petitioner is being paid the salary of the post of skilled labour but he is performing the duty of Assistant Gr.II'LDC, therefore, his case is liable to be considered for regualrization on the post of Assistant Gr.IILDC in the office of the State No.2 Board.

5. The State No.2 Board has filed its written reply to the writ petition wherein contents of the writ petition have not been admitted as mentioned and it is stated that the petitioner was appointed on 1st of April, 1989 on hourly rated basis. The termination of services of the petitioner on October, 1, 1989, and filing of the writ petition by the petitioner, which was allowed on 4th of November, 1991, have not been disputed. It is also not disputed that in pursuance of the order of this Court dated 4.11.1991 the petitioner was allowed to join his duties and since then he is continuously holding the post.

6. The learned counsel for the petitioner submits that the case of the petitioner is similar with the case of similarly situated persons, namely, Ashvini Kumar, Gopal, Hukam Chand and Surendra Narain, who were appointed on daily wages basis as skilled labour to assist the Assistant Gr.II in the Board of Secondary Education, Rajasthan, Ajmer, those persons filed S.B. Civil Writ Petition No. 2717/1991 for their regularization, their writ petition was a