ORDER :

I.A. No.1/2023

Having heard learned counsel for the parties, we are inclined to condone the delay as the appeal raises an important issue of law in the matter of consideration of cases of daily wage employees regarding their claim of regularization under the Rajasthan Class IV Services (Recruitment and Other Service Conditions) Amendment Rules, 2009 (hereinafter referred to as the ‘Amendment of 2009’) as promulgated vide notification dated 27.02.2009.

Accordingly, application is allowed and delay in filing the appeal is condoned.

D.B. Spl. Appl. Writ No. 973/2023

1. Learned State Counsel vehemently contended before us that the order passed by the learned Single Judge is untenable in law firstly, because the learned Single Judge has not correctly applied the principle laid down in the decision of Hon’ble Supreme Court in the case of Secretary, State of Karnataka & Ors. Vs. Uma Devi & Ors. reported in (2006) 4 SCC 1, in directing regularization of services of the respondent. The second submission of learned counsel for State is that the Rajasthan Class IV Services (Recruitment and Other Service Conditions) Rules, 1999 (in short ‘Rules of 1999’) were amended vide notification dated