Honble BALIA, J.–State Government through P.H.E.D. Department is in appeal against the order dated 8.8.2000 allowing the writ petition filed by the respondent Veerbhan Singh wherein he claims that his services may be regularised as Lower Divisional Clerk in office under Rule 25(7) of the Rajasthan Subordinate Officers Ministerial Staff Rules 1957 (hereinafter referred as ``the Rules of 1957) the petition has been allowed by following the earlier decision in Ram Karan vs. State (1).

(2). The case of the petitioner respondent as emerging from the petition is that he was appointed on 22.11.81 by a verbal order on daily wages and since then he is discharging the duties of the clerk. He holds all the qualifications for being appointed as a Lower Divisional Clerk and at the relevant time he was working as Hindi typist an Lower Divisional Clerk. His claim is that under Rule 25(7) of the Rules of 1957 any person employed on work charged basis in P.H.E.D. and who has put in at least 2 years continuous service on 1.4.98 and has passed High School or Secondary/Praveshika Examination of Board of Secondary Education, Rajasthan or of a Board recognized by the Govt. or other qualification prescribed for the post for the purpose may be absorbed on the post of Lower Divisional Clerk on regular basis against the vacant post of Lower Divisional Clerk in the respective department to the extent of 50% of the total vacant posts of Lower Divisional Clerk adjudging their suitability by the Committee consisting of the Members as prescribed. The petitioner fulfills all the conditions for being considered and regularised for the post of Lower Divisional Clerk and the vacancies are also did exist at the relevant time. In support of his claim the petitioner has submitted Certificate Annex. 1 issued by the Assistant Engineer under whom he was working from 8.1.90 stating that since 22.11.85 the petitioner is discharging functions of Lower Division Clerk at Sub-Divisional, Taranagar. Annexure 2 is the application filed by the petitioner disclosing his qualification as Post Graduate and the work which is discharged by him for increasing his daily rated wages from Rs. 17 to Rs. 20 and which was recommended by his immediate superior officer on 3.11.87. Annex. 6 is a document eminating from the office of Assistant Engineer P.H.E.D., Taranagar in response to the letter received from the Deputy Secretary, P.H.E.D., Jaipur dated 16.3.90 requiring the information that how much work charged employees are available and still employed in the Department who are discharging the functions of Lower Divisional Clerk or equivalent thereto in which it has been found that the name of the petitioner is at Serial No. 6 which also supports Certificate Annex. 1 that the petitioner is working since November 1985 as a Lower Divisional Clerk or position equivalent thereto. The reference to this letter also shows that the work charged labourers from whom the work of Lower Divisional Clerk or equivalent thereto is being taken and that report has been made for the purpose of making them payment commensurating with the work which they are discharging. This Annex. 6 denotes that if he is to be paid according to remuneration payable for the work discharged by him his salary should go up by Rs. 820 per month. Annex. 6 is a document which has not been denied though veracity of Annex. 1 has been contested in reply to the writ petition.

(3). We are of the opinion that Annex. 6 proves beyond doubt positive fact that while the petitioner was labelled as labour/labourer but he was made to discharge functions of Lower Divisional Clerk or equivalent thereto under the work charged establishment since November 1985. It was not disputed before learned Single Judge, nor before us that the petitioner is eligible to be considered under Rule 25(7) of the Rules of 1957 for being regularly absorbed on the regular establishment of the P.H.E.D. Department. The only contention raised is that Rule 25(7) is only e

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