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[2026:RJ-JP:9297]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 9542/2009

Shri Ram Ratan Alias Ratan Lal Saini S/o Nathu Lal Saini, 22,

Civil Lines Quarters, District Tonk, Rajasthan.

----Petitioner

Versus

1. The Director, College Education, Shiksha Sankul, J.l.n.

Marg, Jaipur.

2. Principal, Government College, Tonk.

----Respondents

For Petitioner(s) : Mr. Akshay Yadav

For Respondent(s) : Mr. Aditya Singh, Dy. G.C.

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Judgment

1. Date of conclusion of arguments 25 / 02 /2026

2. Date on which the judgment

was reserved 25 / 02 /2026

3. Whether the full judgment or only the

operative part is pronounced Full Judgment

4. Date of pronouncement 27 /0 2 /2026

Reportable

1. By way of filing the present writ petition under Article 226 of

the Constitution of India, the petitioner has sought his

regularization in the services and grant of salary for the post of

Peon, with all consequential and future benefits from the date of

initial appointment.

2. Briefly stated, the petitioner was appointed in the office of

respondent No.2 vide order dated 23.02.1981 (Annexure-1), and

his engagement was extended from time to time vide orders dated

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24.07.1986 and 31.10.1986. The petitioner was appointed as a

daily wager after the Employment Exchange sponsored his name.

3. The services of the petitioner were terminated by an oral

order dated 30.06.1988, and thereafter he raised an industrial

dispute before the Labour Court. The Labour Court, after

considering the facts and circumstances of the case, passed an

award dated 05.06.2008 directing the respondents to reinstate the

petitioner on the post of Peon and held the termination to be null

and void, albeit without back wages.

4. Pursuant to the award, the petitioner joined service;

however, he is being paid only daily wages. It is to be noted that

another similarly placed person, namely Madan Lal, whose

services were also terminated, was granted permanent status

pursuant to the order passed by a Co-ordinate Bench of this Court

in the case of Madan Lal Vs. State of Rajasthan, S.B. Civil Writ

Petition No.6864/1993 decided on 25.01.1994.

5. Thereafter, the petitioner submitted a representation seeking

a grant of permanent status, stating that he had worked

continuously as a daily wager from 23.02.1981 to 30.06.1988,

i.e., for about seven years, and thereafter, pursuant to the award

of the Labour Court, has continued in service.

6. In the reply, the respondents admit that the petitioner was

appointed on 23.02.1981 and was reinstated pursuant to the

award dated 05.06.2008. It is also admitted that another daily

wager, Madan Lal, was granted permanent status pursuant to the

directions passed in the case of Madan Lal (supra). However, it

is denied that the petitioner is entitled to parity with Madan Lal on

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the ground that he had served for only 7 years and, therefore, is

not entitled to regularisation. Further, it is stated that the award

passed by the Labour Court merely directed reinstatement of the

petitioner without back wages and did not confer any right to

regularisation or grant of regular pay scale.

Arguments on behalf of Petitioner -

7. Learned counsel for the petitioner, at the outset, does not

press for relief of regularization and confines his prayer to the

grant of minimum wages as applicable to other similarly situated

persons.

8. It is submitted that vide order dated 23.02.1981, the

petitioner and other similarly placed persons were appointed as

daily wagers after their names were called from the Employment

Exchange, and their engagement was extended from time to time

vide orders dated 24.07.1986 and 31.10.1986.

9. It is further submitted that Madan Lal, who was also engaged

as a daily wager vide order dated 24.07.1986, was g