Point of Law: Persons who have passed prescribed jobtest/interview and are found qualified for post and has been given appointment on ad hoc basis, their services be regularized.

JUDGMENT :

1. This civil writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

“It is therefore, prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:-

(A) The respondents may kindly be directed to regularize the services of the petitioner on the post of Photographer w.e.f. the date of his initial appointment i.e. 26.07.1985 with all consequential benefits flowing therefrom and make payment of salary in regular pay-scale (Rs.640-1180/-as per Annex.13) applicable to the post and;

(B) Further the respondents may kindly be directed to grant all other admissible allowance to the petitioner as applicable to the post of Photographer and;

(C) The respondents may kindly be directed to pay entire arrears along with all consequential benefits to the petitioner along with interest @ 12% per annum within the stipulated period as may be directed by this Hon’ble Court and;

(D) the respondents may kindly be directed to extend all the benefits to the petitioner i.e. grant of selection grades in accordance with Revised Pay-scale Rules, annual grade increments etc.

Any other appropriate writ, order or direction, which this Hon’ble Court deems just and proper in the facts and circumstances of the case, may also be made in favour of the petitioner.”

2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the petitioner has successfully passed the Apprentice Training Course in Photography, from the Government of India Institution, conducted by the JJ Institute of Applied Art, Bombay, in the year of 1977. Thereafter, the Director, Agricultural Experiment Station, Sukhadia University, Udaipur vide order dated 15.07.1985 appointed the petitioner on the post of Photographer, on daily rated basis @ Rs 20/- per day.

2.1. Thereafter, vide orders dated 09.10.1985, 10.09.1985 and 26.10.1985, the service of the petitioner was extended by the concerned authority. The service of the petitioner was again extended and daily wages were also increased from Rs.20/- to Rs.30/-, vide order dated 10.12.1985.

2.2. The Director of Agricultural Experiment Station, Sukhadia University, Udaipur vide communication dated 04.12.1986 has recommended the case of petitioner for regularization. The respondent-authority vide order dated 08/10.01.1987 appointed the petitioner on the post of Photographer on consolidated wages of Rs.780/-per month temporarily, till regular selected candidate joins. Thereafter, the respondent vide order dated 18.04.1987 stated that on approval of the Vice-Chancellor, the salary of the petitioner be charged from the regular post of Photographer. The petitioner’s tenure was again extended vide order that 12.07.1988. The petitioner submitted an applications dated 23.03.1987 and 14.11.1987 for grant him regular pay-scale.

2.3. Thereafter, the service of the petitioner have not been regularized by the respondent, and therefore, the petitioner filed a writ petition before the Jaipur Bench and said petition was registered as S.B. Civil Writ Petition No. 1790/1987 for regularizing the service on the post in question, The Hon’ble Court vide order dated 29.11.1994 disposed of the petition with direction to the petitioner to make representation to appropriate authority. Thereafter, the petitioner submitted his representation before the authorities on 06.11.1995 and the respondents vide communication dated 17.09.1998 enclosing therewith the letter dated 02/18.05.1996 informed the Director (Research), Rajasthan Agriculture University, Bikaner that the petitioner has not submitted the representation within the stipulated time, and therefore, no action can be taken in the matter. 2.3.1The petitioner again filed a writ petition and the same was registered as S.B. Writ Petition No. 2253/1988 before this Hon’ble Court at Jaipur Bench; the said petition, vide order dated 29.11.1994, was dismissed as rendered infructuous, since t