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Sujan Singh Vs. State of Rajasthan

Sujan Singh vs State of Rajasthan

Type Court Judgment Court Rajasthan Decided Apr 09, 1991
~2 min read
https://sooperkanoon.com/case/762611

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Citation
Court
Rajasthan High Court
Judge
Decided On
Case Number
S.B. Civil Writ Petition No. 12558 of 1980
Subject
Service

Case Summary

AI-generated summary - not the official court judgment text.

Rajasthan Public Works Department (B and R) Including Gardens, Irrigation, Water Works and Ayurvedic Department Work Charged Employees Service Rules, 1964 - Rule 3--Work charge employees completed 10 years of service--No stigma alleged--Held, they are entitled for regular grade and allowance as permissible to other ...

Key legal issue
Service

Parties & Advocates

Appellant / Petitioner

Sujan Singh

Respondent

State of Rajasthan

Legal References

Reported In
1991WLN(UC)146

Excerpt

rajasthan public works department (b and r) including gardens, irrigation, water works and ayurvedic department work charged employees service rules, 1964 - rule 3--work charge employees completed 10 years of service--no stigma alleged--held, they are entitled for regular grade and allowance as permissible to other regular employees;the petitioner is entitled for the regular grade of the post of which he is holding and also allowances of the same grade which are permissible under the rules to other regular employees from after the completion of 10 years' service. if there is no stigma or default against him. in the instant case the respondents have not come with a case that there is a stigma or default against him.;writ allowed. - - i fail to understand the difference between the regular employee and the permanent employee.d.l. mehta, j.1. heard learned counsel for the parties.under work charge rule 1964, rule 3 provides that work-charge employee including regular technical staff or water works department for the purpose of this rule shall be divided into the following three categories:(i) permanent status,(ii) semi permanent status, and(iii) casual.those employees who have completed 10 years' service have been given the status of a permanent employee. i fail to understand the difference between the regular employee and the permanent employee. every permanent employee is a regular employee of the state and he is entitled for the regular grade and all allowances admissible to other employees. this view has been approved by hon'ble the supreme court also. the petitioner is entitled for the regular grade of the post of which he is holding and also allowances of the same grade which are permissible under the rules to other regular employees from after the completion of 10 years' service. if there is no stigma or default against him. in the instant case the respondents have not come with a case that there is a stigma or default against him.2. in the result, the writ petition is accepted, the petitioner shall be treated as a permanent status holder i.e. a regular employee and the word permanent and regular should be equated for all purposes and the petitioner shall be given all benefits of a regular employee from the date on which he has completed 10 years' service and he shall be entitled for all types of allowances inclusive of house rent allowance and all rajasthan service rules and cca. rules will be applicable to the petitioner.3. the writ petition is disposed of a accordingly.

Full Judgment

D.L. Mehta, J.

1. Heard learned Counsel for the parties.

Under Work Charge Rule 1964, Rule 3 provides that work-charge employee including regular technical staff or Water Works Department for the purpose of this Rule shall be divided into the following three categories:

(i) Permanent status,

(ii) Semi permanent status, and

(iii) Casual.

Those employees who have completed 10 years' service have been given the status of a permanent employee. I fail to understand the difference between the regular employee and the permanent employee. Every permanent employee is a regular employee of the State and he is entitled for the regular grade and all allowances admissible to other employees. This view has been approved by Hon'ble the Supreme Court also. The petitioner is entitled for the regular grade of the post of which he is holding and also allowances of the same grade which are permissible under the Rules to other regular employees from after the completion of 10 years' service. If there is no stigma or default against him. In the instant case the respondents have not come with a case that there is a stigma or default against him.

2. In the result, the writ petition is accepted, the petitioner shall be treated as a permanent status holder i.e. a regular employee and the word permanent and regular should be equated for all purposes and the petitioner shall be given all benefits of a regular employee from the date on which he has completed 10 years' service and he shall be entitled for all types of allowances inclusive of house rent allowance and all Rajasthan Service Rules and CCA. Rules will be applicable to the petitioner.

3. The writ petition is disposed of a accordingly.

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