RAJASTHAN HIGH COURT
Honble P.P. NAOLEKAR, J.
Kamal Kishore Vyas and Others - Appellant
Versus
State of Rajasthan and Others - Respondents
S.B. Civil Writ Petition No. 443 of 1995
Decided On : January 05, 1996
(2). Petitioners Rakesh Bhandari, Dinesh Bafna, Deepak Mohanot, Surendra Raj Mohnot and Manmohan Lal were given appointment by the Registrar, Rajasthan High Court purely on urgent/ad hoc/temporary basis by orders dated 21.01.86, 20.02.86 and 26.06.86 for a period of six months in the first instance. Later on, they were transferred on their request to the office of the Government Advocate, however, they remained ad hoc employees in the office of the Government Advocate till they were regularised. Petitioner K.K. Vyas was appointed by the Special Judge, Sati Niwaran Court, Jaipur by order dated 20.10.87 upto 30.12.87. Later on, he was transferred to the Government Advocates office and remained ad hoc employee till regularisation. Petitioner Suresh Kumar Khatri was appointed in the office of the Special Public Prosecutor, Designated Special Court, Ajmer vide order dated 25.10.86 upto 28.02.87 and was transferred to the Government Advocates office on his request. Petitioner Naresh Kumar was appointed by the Advocate General, Rajasthan by order dated 01.02.86 upto 28.02.86 and was posted in the office of the Government Advocate at Jodhpur where he continued to be ad hoc employee till his regu- larisation. Petitioners Satya Narain Sharma and Jaswant Singh were appointed as class IV employees by order dated 21.01.85 for a period upto 28.02.85 on ad hoc basis. Satya Narain Sharma was appointed as Record Keeper - cum - Weeder and Jaswant Singh was appointed as Record Keeper. Petitioner Bhoopat Singh was appointed as Class IV employee by the Registrar, Rajasthan High Court, Jodhpur by his order dated 16.01.84 purely on ad hoc basis for a period of three months and was transferred to the Government Advocates office on his request where he joined as Class IV employee on ad hoc basis. Petitioner Chandra Shekhar was appointed as Class IV employee by order dated 20.04.85 by the Addl. Advocate General on ad hoc basis for a period of three months. Petitioner Ashok Acharya was initially appointed on ad hoc basis in the office of Assembly Secretariat and he also came to be transferred to the Government Advocates office on his request on 27.07.86 and continued to remain ad hoc employee till regularisation. Petitioner Ashok Mathur was appointed by the Special Judge, Sati Niwaran Court, Jaipur on 28.01.88 on ad hoc basis and was transferred on his request to the Government Advocates office where he continued as ad hoc employee till his regularisation. It is in this manner that these petitioners were appointed as ad hoc employees by various orders issued by different authorities and most of them came to be transferred on their request to the Government Advocates office where all of them remai- ned ad hoc till regularisation in service.
(3). The State Government vide notification dated 12.10.92 amended Rule 25 of the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 (for short, to be called ` the Rules of 1957 hereinafter) and inserted sub-rule (10) and further added proviso (XXVI) to Rule 27 thereof. As amended, sub-rule (10) of Rule 25 of the Rules of 1957 runs as under :–
"(10) Notwithstanding anything contained in rule 7, all persons appointed as LDCs on ad hoc basis or on daily wages basis during the period from 01.01.85 to 31.03.90 and are still working as such on the date this amendment comes into force shall be appointed on regular basis on availability of vacancy subject to the condition that they pass a performance test conducted by the Head of the Department concerned within a period of three years in accordance with the syllabus prescribed in Part IV
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