Employees who have completed 10 years of service and are granted permanent status under the Rules of 1964 should be treated as regular employees and are entitled to the same benefits as other government employees, including house rent allowance.

1. 1. The State Government, in exercise of the powers conferred by proviso to Article 309 of the Constitution of India, has framed the Workcharged Employees Service Rules, 1964. The petitioner No. 1 is the Union of the Work-Charged employees of the P.W.D. and the petitioner No. 2, is also a work-charged employee.

2. The writ petition has been filed by the petitioners on behalf of the Union in its representative character for the grant of house rent allowance equal to the house rent granted to other civil servants. It will not be out of place here to refer to the provisions of Work-Charged Employees Service Rules, 1964, (here-in-after referred to as 'The Rules 1964'). Rule 3 of the said rules, provides that the Rajasthan Service Rules 1951, and other service rules effecting the service conditions of the regular establishment under the Government of Rajasthan shall he applicable to the members of these work-charged establishments only to the extent indicated in these rules. Thus, Rule 1 (3) partially restricts the application of this rule. The wages have been defined under Rule 2-K of the Rules, and it includes allowances also. Rule 3(1) provides 3 categories of work-charged employees which are as follows:-

(i) Permanent status;

(ii) Semi-permanent status; and

(iii) Casual.

3. At present. we are only concerned, with the persons who are holding permanent status. Rule 3(2) provides that the employees who have been in service for ten years or more, shall be eligible for the status of permanent work-charged employees provided their record of service, in the opinion of the competent authority is satisfactory. Thus, an employee, who has completed 10 years of service is eligible for the status of permanent work-charged employee and it is the obligatory duty of the State Government, or any competent authority, to scrutinise the record after completion of 10 years services and to pass necessary orders according to rules, within reasonable time. Pendency for years together of not scrutinising the record may lead to the position that the person should be deemed to be a permanent employee and his status should be considered that of a permanent employee unless otherwise ordered. This does not mean that ipso-facto the employees will hold the permanent status. However unless adverse order is passed, they shall be deemed to be holding permanent status till the adverse order is passed. One should not forget that we are living in socialistic, secular republic of India. The distinction which is existing between haves and have notes will have to be removed. Basis concept of the Constitution is to disarm the stronger section of the society and to arm the weaker section of the society so that real equality in fact in the matter of social and economic justice may become reality. One should not forget that Chapter IV directs to the Site Government. to perform certain acts, within a reasonable time. A person who is holding the employment for 10 years can claim the same privilege which other employees of the State Government, are getting.

4. Mr. Shrimal, learned Addl. Government Advocate, appearing on behalf of the respondent State, has tried to point out that the permanent status does not mean regular employment. I am of the view, that once a permanent status is given then there cannot be a different classification of a permanent employee and a regular employee. The permanent employee or a person who is holding the permanent status ipso-facto becomes a regular employee. It will not be out of place here to mention that the State Government, has declared number of persons holding permanent status. The persons who are holding permanent status have been given the benefit of the pension, gratuity and other benefits etc. A regular employee is an employee who has to be kept in employment till he attains the age of superannuation or he is removed from service on account of any disciplinary action or he is retired under Rule 244 of the Rajasthan Service Rules