This bunch of contempt petitions has been filed alleging non-compliance of the order passed by this court on 2.2.2017.
It is stated that petitioners were initially appointed on daily wages basis some where in the year 1980. It was shown to be under the Mines & Geology
Work-charged Employees (Service Conditions) Order, 1974 (for short ‘the Order of 1974’). It was made effective from 15.1.1975 but was
never notified. The petitioners were later on declared semi-permanent under the Order of 1974. Since the Order of 1974 was not notified, a litigation
came before this court. It was first before the Principal Seat at Jodhpur followed by the present litigation. This court gave directions to treat the
petitioners to be under the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 (for short ‘the Rules of 1957’) instead of the Order of
1974. The writ petitions were allowed with grant of consequential benefits to the petitioners.
The respondents issued an order in compliance of the judgment of this court but instead of treating the petitioners to be Lower Division Clerks (LDC)
from the date of their initial appointment, it was given from the date they were declared semi-permanent. In view of the above, compliance of the
order has not been made.
It is also that consequential benefits in terms of selection scale and other benefits, which includes pensionary benefits have not been given by treating
their services from the date of appointment.
Learned Advocate General Mr NM Lodha has contested the contempt petitions. He submits that substantial compliance of the judgment has been
made.
A reference of the order passed by this court at Principal Seat, Jodhpur in the case of Pramod Bhandari & ors versus State of Rajasthan & ors, SB
Civil Writ Petition No.1646/2013, decided on 6.5.2016 has been given. It has been applied in this case. The order in compliance of the judgment was
passed on 28.3.2018. The consequential monetary benefits could not be given due to confusion created by the petitioners. They are claiming benefits
from the initial date of appointment, whereas, no such direction has been given by the court. The respondents thus made an application to seek
clarification before the Principal Seat, Jodhpur. The application has not yet been decided thus these contempt petitions were adjourned from time to
time by the co- ordinate Bench.
It is submitted that even the order sought to be complied does not give direction to extend benefit from the initial date of appointment, rather, direction
is to treat the petitioners under the Rules of 1957 instead of the Order of 1974. It is not even with the direction for giving a particular post or the pay
scale yet the State Government took a decision to treat the petitioners as LDC from the date they were declared semi-permanent. If strict
interpretation of the order of this court would have been taken then daily wager would have been subjected to Rule 7 of the Rules of 1957, as
amended. They have made compliance of the order in true spirit. Consequential benefits in terms of monetary benefits would be given to the
petitioners within a period of one month from today without waiting for outcome of the application for clarification preferred by the State before the
Principal Seat at Jodhpur.
It is also stated that the order issued by the State Government shows their intention and otherwise they have made substantial compliance of the order.
Hence, prayer is made to dismiss all the contempt petitions.
I have considered rival submissions of the parties and perused the record.
The writ petitions preferred by the petitioners were disposed of by applying the directions given in bunch of writ petitions decided by the Principal Seat
at Jodhpur. The operative portion of the order is quoted hereunder for ready reference -
“9.In view of the above, the above noted writ petitions are allowed and it is directed that the respondents should treat the petitioners as having been
appointed under the Rules of 1957 instead of treating their appointment under the Order of 1974, which was never notified. All consequential benefits
that accrue to the petitioners be released to the petitioners while treating them to be governed under the Rules of 1957.â€
The order was passed by the Principal Seat at Jodhpur has been applied on the petitioners. The direction was to treat the petitioners to be appointed
under the Rules of 1957 instead of Order of 1974 with consequential benefits. It is not with the direction that petitioners would be treated to have been
appointed on regular basis as LDC despite their appointment on daily rate basis. The petitioners are yet given the status of LDC from the date they
were declared semi-permanent.
If the rules of 1957 are also perused, it provides for absorption of Nakedar and semi-permanent work charged employee, as referred in the judgment,
sought to be complied.
So far as daily wagers are concerned, a provision exist for their absorption on regular basis. It was brought by way of amendment. The direction of
the court was not to absorb the petitioners on the post of LDC yet they would be taken on the aforesaid post but it is made clear that in the screening
pursuant to the order dated 28.3.2018, only eligibility would be seen. On taking them on the post of LDC, benefits would be given and it is within a
period of month from today thus I find substantial compliance of the order of this court. For passing typing test, sufficient attempts would be given.
However, while disposing of the contempt petitions, liberty is given to the petitioners that if anything remains in terms of grant of selection scale or
pensionary benefits etc, they would be free to seek remedies for it. This order will not come in their way. Their claims would be determined as per the
provisions of law. The notices of contempt are discharged.
A copy of this order be placed in each connected file.
