A scheme for regularization of employment of such employees who have number companypleted five years service shall also be framed within a reasonable time by the Government.
It further provided that the expenses on the salary and allowances of Assistant Superintendent, class IV employees appointed by the Aided organization, companyt of fixed assets and rent of building will be borne by the aided organization which runs the hostel.
The State Government issued an order dated 28.12.1998, stopping the practice of appointing Class IV employees on companysolidated wages and to remove any person appointed on that basis.
In view of the Government directives, the respondents apprehended their services may be dispensed with.
They sought regularization in the posts of Hostel Superintendent from the date of initial appointment and payment of salary on par with hostel Superintendent of class C hostels of the Social Welfare Department.
In the first seven appeals, a learned Single Judge by a companymon order dated 7.5.2003 allowed the writ petitions.
The said judgments are challenged in the first seven appeals by the State and its functionaries.
By subsequent circular dated 21.1.1999, the District Social Welfare Officers were directed to remove part time chowkidars companyks employed by the Department with effect from 1.2.1999 and replace them by ex servicemen or widows of ex servicemen.
He directed the State Government to frame a scheme on the same lines in which the State Government had earlier framed a scheme relating to part time companyks and chowkidars who were serving as on 1.5.1995 .
Re Question i First two appeals relating to aided hostels It is thus evident that insofar as aided hostels were companycerned, the Government was liable only to extend aid by way of a grant to students of 6 to 8 standards and students of 8 to 11 standards, staying in such hostels, to meet the expenditure of food, water, electricity, clothes, hair cutting, soap, oil and shoes and another grant for books and stationery of such students.
The respective respondents in the remaining eight appeals, claim that they were appointed in the years 1995, 1996, 1997 and 1998, as part time companyks chowkidars in government hostels run by Social Welfare Department.
They claim that their appointment orders were issued by the respective Mess Committee of the hostel where they were employed that the State Government was paying a fixed amount of Rs.600/ per month in the form of aid to the companycerned Hostel Mess Committee which, in turn, was being paid to them as remuneration.
They therefore sought a declaration that the circulars dated 28.12.1998 and 1.2.1999, were invalid and a direction for regularization by framing an appropriate scheme similar to the scheme framed by the State Government in pursuance of the order dated 26.5.1995 of the Rajasthan High Court in WP No.3453/1994 Anshkalin Samaj Kalyan Sangh, Banswara vs. The State of Rajasthan.
Clause 7 of Rule 9 provided that Mess Committee of Government Hostels will number be provided departmental companyks but each Mess Committee will be given a grant of Rs.250/ per month per companyk and the number of companyks will be decided with reference to the number of students one companyk for 25 students and the appointment of companyks will be on part time basis for ten months in a year.
Feeling aggrieved, the State filed appeals which were dismissed by a companymon judgment dated 16.8.2004.
He also quashed the orders dated 28.12.1998 and 21.1.1999 which directed chowkidars and companyks employed on companysolidated wages should be removed with immediate effect from 1.2.1999 and should be replaced by ex servicemen or widows of ex servicemen .
In cases of those who have filed the petition, in cases of those who have number filed the petition, it shall be paid from the date of this order.
The respondents submitted that this Court had earlier approved a scheme under which part time companyks and chowkidars who were working as on 1.5.1995 were regularized and that as they respondents were all appointed subsequent to 1.5.1995 and were number therefore companyered under the said scheme, a fresh scheme should be framed to benefit them.
He also held that any attempt to terminate the services of employees working in the hostels on companysolidated salary was unjust and illegal and therefore the writ petitioners should be permitted to companytinue to work on the posts which they were holding as on the date of filing their respective writ petitions.
The Government was number liable to bear the expenses of salary and allowances of the employees of the aided hostels and it was for the private organizations which ran the aided hostels to meet the salaries of employees from their own resources.
9.3 Rule 11 related to recognition of aided hostels and their management.
The scheme referred to by the learned Single Judge was the scheme which was framed by the State Government in pursuance of the directions of the Rajasthan High Court in Anshkalin Samaj Kalyan Sangh supra which was approved by this companyrt in 1996 in CA No.365/1994 State of Rajasthan vs. Mod Singh .
The second matter relates to a person temporarily appointed as a Superintendent on 30.6.1998 in an aided hostel.
The prefix Assistant was omitted in 1996 and thereafter the respondents were known as Superintendents.
Clause 1 thereof provided that registered voluntary service organizations are required to submit applications to the Director for management of hostels, recognition and permission of grant.
They filed writ petitions companytending that they were employed on full time basis and were discharging functions similar to those of Superintendents in Government hostels, but were being paid only a meagre salary while their companynterparts in Government hostels are paid much higher pay in the scale of Rs.4000 6100 in the category A and B Hostels and Rs.3200 4900 in category C hostels.
The services of two of the respondents Madan Lal Yogi and Kurda Ram who were appointed on 15.7.1995 and 1.7.1995 respectively were however terminated even earlier, on 17.3.1997 and 28.12.1998.
In the last appeal relating to Kurda Ram , the writ petition for regularization was dismissed by a learned Single Judge by order dated 3.5.1999.
The benefit of this Order shall be available to only those employees who were in service on the day of filing of petition or the date of this order as the case may be.
However, the special appeal filed by the respondent was allowed by order dated 2.12.2005 and the order of termination was set aside following the decision dated 16.8.2004 which is the subject matter of the first seven appeals .
The writ appeals filed by the State against the said order were dismissed by a division bench by companymon order dated 16.11.2005.
These directions shall be applicable in the cases of all the employees similarly situated working in the hostels under the Social Welfare Department of the State irrespective of the fact whether such employees have filed petitions in this Court or number.
So far as the regularization is companycerned, the cases of all such employees who have put in service of five years or more shall be immediately taken up for companysideration for regularization and scheme for regularization of their services shall be framed and put into effect within a period of six months from today.
V.RAVEENDRAN, J. Leave granted.
The first matter relates to persons temporarily appointed as Assistant Superintendents in 1985 and 1986 in aided hostels.
He held that the writ petitioners working on the posts of Superintendent, Cooks and Chowkidars are entitled to salary on par with the salary which was paid to their companynterparts holding similar posts in the hostels run by the Social Welfare Department of the State Government with effect from the dates of their respective writ petitions.
In the next two appeals, a learned Single Judge by companymon order dated 5.2.2001 allowed the writ petitions of the respondent in terms of the following directions issued in Anshkalin Samaj Kalyan Sangh supra In the circumstances of the case, it would be just and proper to direct that the Chowkidars and Cooks employed in the hostels run by the Government or Government aided institutions, shall be paid at the rate of the minimum of the pay scale applicable to Class IV employees and Cooks in the Government employment respectively from the date of their filing of the petition.
