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1991 Supreme(Raj) 824

I.S.ISRANI
Prabhu Dayal Sharma – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - This petition has been filed with a prayer that a direction be given to respondents to provide regular pay scale of packer/class IV to the petitioner who is working from May, 1, 1963 on daily wages basis. It has also been prayed that the regular salary may be given to him with effect from his date of appointment.

2. Briefly, the petitioner was appointed on post of packer by verbal orders on May 1, 1963. However, it is pointed out by learned Additional Government Advocate that he was appointed with effect from 18.6.1963. It is submitted that even though he works from 10.00 a.m. to 5.00 p.m. and performs all duties as performed by regular employees. He was never paid minimum pay scale of the post of packer, even prior to enforcement of the Rajasthan Government Presses Subordinate Service Rules, 1973 (for brevity 'the Rules, 1973') . In the rules 1973 the post of packer has been encadred, but the salary scale is same as that of Class-IV.

3. It is submitted by Shri Shah, learned counsel that services of the petitioner were verbally terminated, on account of which, he filed DBCWP No. 2079/88, which was decided vide order dated December 13, 1988. The petitioner, by this order







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