Ad-hoc service must be counted retroactively for Selection Grades and ACP benefits, reflecting established judicial precedents that recognize continuous service, reaffirming the principle of financial justice for employees.

ORDER :

1. In S.B. Civil Writ Petition No. 5037/2018, this Court, while reserving the matter for order on 06.11.2025, also directed that the case be tagged along with the reserved files of S.B. CWP Nos. 12134/2021 and 3961/2020, as the issues involved therein are similar in nature. It is noted that the said two matters were reserved for orders on 04.11.2025.

Grievance and Facts of S.B. Civil Writ Petition No. 5037/2018 -

2. By way of filing this writ petition, the petitioners have assailed the order dated 31.12.2003 (Annex.3) to the extent it regularizes their services w.e.f. 02.07.2003 and seek a direction to the respondents to regularize them from the date of their initial entry in service with all consequential benefits including proper pay fixation, seniority and promotional benefits. The petitioners further pray for quashing of the impugned order (Annex.3) denying them the benefit of first selection grade from the date of completion of 9 years of service reckoned from their respective dates of initial appointment on the post of Junior Engineer, and for issuance of directions to grant such selection grades as and when due, together with arrears and interest @ 12% per annum from the date of accrual till actual payment.

3. The facts of the present writ petition, is that the petitioners were initially appointed as Junior Engineers (Civil)–Diploma Holders on temporary ad-hoc basis for three months, or till regularly selected candidates became available under the Rajasthan Subordinate Technical (Public Health & Engineering Department) Rules, 1967 (in short “the 1967 rules”), in the pay scale of Rs. 1400-40-1600-50-2300-60-2600/- vide orders placing them under the Chief Engineer, District Circle, Jodhpur (Annexure-2). Although initially appointed for three months, their services were extended from time to time and they continued uninterruptedly on vacant posts under the 1967 Rules, receiving annual grade increments, thereby functioning in practice as regularly appointed employees. The petitioners assert that they performed duties sincerely and without complaint. A Screening Committee was later constituted under Rule 24 of the 1967 Rules for considering regularization of Junior Engineers working on ad-hoc/temporary/urgent basis as on 31.03.1999, which held its meeting on 23.10.2003 and recommended eligible cases; pursuant thereto, the Chief Engineer (Rural), PHED, Jaipur issued an order dated 31.12.2003 regularizing petitioners’ services as Junior Engineer (Civil)–Diploma Holders w.e.f. 02.07.2003, where their names appeared at Serial Nos. 13 and 21 (Annexure-3).

4. The petitioners contended that, in view of settled law that once appointment is made according to rules, benefits must flow from the date of initial appointment, their regularization ought to have been given effect from their original entry in service in 1997, but they did not immediately approach the Court since the issue was already sub judice in other identical matters. Meanwhile, employees’ associations had raised grievances concerning stagnation; the State issued notification dated 25.01.1992 providing selection grades on completion of 9, 18 and 27 years of service, followed by clarifications dated 21.10.1993 (Annexure-5), 19.05.1997 (Annexure-6) and 07.08.1998 (Annexure-7) specifying that service for Junior Engineers was to be counted from the date of first appointment. Reliance is also placed on the case of Sudhanshu Roy Bhatt (SBCWP No. 8358/2009 & 4306/2011) wherein the learned Single Judge held that o