2011 Supreme(Raj) 1877
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Govind Mathur, J.
Pawan Kumar Sharma - Appellant
Versus
State of Rajasthan & Ors. - Respondent
S.B. Civil Writ Petition No. 2037 of 2010.
Decided On : 28-03-2011
Advocates:
For the Petitioner:J.S. Bhaleria, Advocate.
For the Respondent: K.K. Bissa, Addl. Government Counsel.
Headnote:Service Law Post of Gram Sewak – Excess employee should be absorbed and they should not face selection process which is a general mode of appointment – Petitioner was for the post of Gram Sevak should get regular pay scale form the date of issuance of the order.
JUDGMENT
1. - The controversy involved in this petition for writ is no more res integra in view of judgment of this Court in the case of State of Rajasthan & Ors. v. Vijay Kumar Mali & Anr. . Holding that "the appointment by way of absorption is also a regular mode for recruitment and, therefore, only on the count that respondent employees did not face selection proceedings, they cannot be treated as the persons working on contract basis and also cannot be denied regular pay scales."
2. In the instant case also, the petitioner was also declared surplus vide Annexure-1. In pursuant to the order Annexure-1, the petitioner was absorbed with Zila Parishad, Sri Ganganagar as Gram Sweak vide order dated 10.3.2000 (Annex. 2), however, only a consolidated salary of Rs. 1200/- per month is given to him.
3. The petition for writ is allowed in terms of the judgment passed by this Court in the case of Vijay Kumar Mali (supra). The respondents are directed to allow regular pay scale to the petitioner/s pertaining to the post of Gram Sewak from the date of issuance of the order dated 10.3.2000 (Annex.2).Writ Petition Allowed.
*******
Click Here to Read the rest of this document
Back
