Honble MADAN, J. — This writ petition has been filed under Article 226 of the Constitution of India before this Court by the above named petitioner in the matter of interpretation of the relevant Rules of the Rajasthan Public

Works Department (B & R), including Gardens, Irrigation, Water Works & Ayurvedic Departments Work Charged Employees Service Rules, 1964 (hereinafter to be referred as the Rules). The brief facts giving rise to the present writ petition are that the petitioner was initially appointed as Beldar in the year 1966 but has been discharging his duties as helper in installation and repair works of sanitary fittings with the respondents. Since there was no helper with the department during the relevant period the services of the petitioner were taken by the department for discharging the duties of the helper which the petitioner has been discharging for the last 10 years. It has been contended in the writ petition that the petitioner has submitted an application on 25.6.79 to the concerned authorities for appointing the petitioner as helper (vide Annex. 1), since the petitioner had been discharging the duties of the helper ever since his appointment as Sanitary Fitter.

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