[2025:RJ-JP:46320]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8006/2005 Brij Mohan Saini Son Of Shri Prabu Dayal Saini, Manpura, Post Nimod, Viz Neem-Ka-Thanak District Sikar ----Petitioner Versus

1. State Of Rajasthan Through The Secretary To The Government Local Self Government Department, Secretariat, Jaipur

2. The Director Of Local Bodies, Government Of Rajasthan, Jaipur

3. Municipal Board, Neem-Ka-Thana, District Sikar Through Its Executive Officer ----Respondents For Petitioner(s) : Mr. Sunita Mehla & Mr. Nagendra Sharma for Mr. Sanjay Mehla For Respondent(s) : Mr. Sharad Joshi, AGC HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

17/11/2025

1. The instant petition has been filed by the petitioner with a challenge to the order dated 16.10.2004 and 03.11.2004 (Annexure-5&7) whereby, the respondents have issued an order for allowing regular pay scale of Sub-Nakedar w.e.f. 15.06.2002 and not from the date he has been regularized i.e. 01.09.1987.

2. Learned counsel for the petitioner submits that the respondents in compliance of the order dated 13.03.2001 passed in S.B. Civil Writ Petition No.1138/1994 has constituted a committee for consideration of case of the petitioner for regularization and thereafter, vide order dated 15.06.2002 regularized the services of the petitioner on the post of Sub- Nakedar w.e.f. 01.09.1987 but the respondents have illegally deprived the petitioner from getting regular pay scale from the date of regularization i.e. 01.09.1987 and have allowed regular pay scale w.e.f. 15.06.2002. The impugned action of respondents deserves to be set aside.

3. Learned counsel appearing for the respondents-State submits that since the petitioner has been regularized vide order dated 15.06.2002, therefore, he has been accordingly allowed the regular pay scale w.e.f. 15.06.2002. He further submits that the petitioner cannot claim regular pay scale from the date prior to the date of passing of order for regularization.

4. Considered the submissions made at bar and also perused the material made available on record.

5. As per the facts on record, the petitioner was initially appointed as Sub-Nakedar on daily wages on 10.09.1984 and his services were terminated on 10.04.1986. Against the termination, the petitioner adhered the proceedings under the Industrial Disputes Act and learned Labour Court vide its award dated 27.04.1971 had held that termination of the petitioner was illegal and unjustified and has ordered for reinstatement with continuity in service.

6. The petitioner had earlier approached before this Court by filing S.B. Civil Writ Petition No.1138/1994 seeking direction to the respondents for regularization of his services. The Court disposed of the writ petition vide order dated 13.03.2001 issuing direction to the respondents to constitute a Screening Committing to consider the case of the petitioner for regularization as directed by the State Government in its Circular/order dated 18.01.1989 and pass appropriate orders in regard to the regularization of the petitioner’s services, within a period of three months from the placement of this order before the appropriate authority.

7. For compliance of the order, the petitioner had submitted a representation before the respondent-authority on 16.04.2001 and thereafter, the respondent Municipal Council vide its order dated 15.06.2002 ordered to regularize the services of the petitioner for the post of Sub-Nakedar w.e.f. 01.09.1987 in view of the recommendation of the Screening Committee.

8. Though, the services of the petitioner has been regularized vide order dated 15.06.2002 w.e.f. 01.09.1987, the respondents on 16.10.2004 issued an order for grant of regular pay scale to the petitioner w.e.f. 15.06.2002 only i.e. from the date of issuance of order for regularization not from the date of regularization of the services i.e. 01.09.1987.

9. Once the respondents issued the order of regularization of the petitioner to be regularized in serv