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1991 Supreme(Raj) 628

RAJASTHAN HIGH COURT
D.L.Mehta, J.
Sujan Singh - Appellant
Versus
State of Rajasthan - Respondent
S.B. Civil Writ Petition No. 1258 of 1980.
Decided On : 9-04-1991

Under Work Charge Rule 1964, employees completing 10 years' service are entitled to permanent status and all benefits of a regular employee.

Headnote:

Work Charge Rule 1964 - Employee Status - The court held that under Work Charge Rule 1964, employees who have completed 10 years' service are entitled to permanent status and all benefits of a regular employee, equating the terms 'permanent' and 'regular' for all purposes.

Fact of the Case:

The petitioner, a work-charge employee, sought permanent status and benefits after completing 10 years' service.

Finding of the Court:

The court found in favor of the petitioner, granting permanent status and all benefits of a regular employee from the date of completing 10 years' service.

Issues: Interpretation of Work Charge Rule 1964, entitlement to permanent status and benefits for work-charge employees.

Ratio Decidendi: Employees completing 10 years' service under Work Charge Rule 1964 are entitled to permanent status and all benefits of a regular employee, with the terms 'permanent' and 'regular' equated for all purposes.

Final Decision: The writ petition was allowed, granting the petitioner permanent status and all benefits of a regular employee.

JUDGMENT

1. - Heard learned Counsel for the parties.Under Work Charge Rule 1964, Rule 3 provides that work-charge employee including regular technical staff or Water Works Department for the purpose of this Rule shall be divided into the following three categories:

(i) Permanent status,

(ii) Semi permanent status, and

(iii) Casual.
Those employees who have completed 10 years' service have been given the status of a permanent employee. I fail to understand the difference between the regular employee and the permanent employee. Every permanent employee is a regular employee of the State and he is entitled for the regular grade and all allowances admissible to other employees. This view has been approved by Hon'ble the Supreme Court also. The petitioner is entitled for the regular grade of the post of which he is holding and also allowances of the same grade which are permissible under the Rules to other regular employees from after the completion of 10 years' service. If there is no stigma or default against him. In the instant case the respondents have not come with a case that there is a stigma or default against him.

2. In the result, the writ petition is accepted, the petitioner shall be treated as a permanent status holder i.e. a regular employee and the word permanent and regular should be equated for all purposes and the petitioner shall be given all benefits of a regular employee from the date on which he has completed 10 years' service and he shall be entitled for all types of allowances inclusive of house rent allowance and all Rajasthan Service Rules and CCA. Rules will be applicable to the petitioner.

3. The writ petition is disposed of a accordingly.Writ Allowed.

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