[2025:RJ-JP:31356] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6846/2005 Vinod Kumar Sharma S/o Late Shri Bhonri Lal Sharma, aged about 38 years, R/o Chelon Ka Bagh, Opposite Dal Mill, Sanganer, Jaipur. ----Petitioner Versus 1. State of Rajasthan through Secretary, Public Works Department, Government of Rajasthan, Secretariat, Jaipur. 2. Chief Engineer, Public Works Department, Government of Rajasthan, Jacob Road, Chief Engineer Office, Jaipur. 3. Superintendent Engineer, Circle City, Public Works Department, Jacob Road, Chief Engineer Office, Jaipur. 4. Executive Engineer, Public Works Department, City Division-IInd, Jacob Road, Chief Engineer Office, Jaipur. ----Respondents For Petitioner(s) : Mr. R.P. Garg with Mr. Vikram Yadav For Respondent(s) : Mr. Dheeraj Tripathi, AGC HON'BLE MR. JUSTICE ANAND SHARMA Order 12/08/2025 1. Although, the matter is listed on interim application, with the consent of both the parties, arguments on main writ petition were heard finally. 2. In this writ petition, the petitioner has assailed the legality and validity of order dated 28.07.2005 issued by the Executive Engineer, Public Works Department, City Division- IInd, Jaipur whereby, benefit of pay scale on the post of Store Munshi Typist was granted to the petitioner in compliance of order of this [2025:RJ-JP:31356] (2 of 4) [CW-6846/2005] Court dated 12.09.2003 passed in S.B. Civil Writ Petition No.6601/91. 3. Grievance of the petitioner is that although such benefit has been allowed to the petitioner from 15.05.1986 to 30.04.2002 yet, one rider has been quoted in the order dated 28.07.2005 that after 30.04.2002, pay scale of Helper Grade-II shall be admissible to the petitioner. 4. Learned counsel for the petitioner submits that the aforesaid order is self-contradictory in which initially the benefit of pay scale of higher post of Store Munshi Typist has been allowed to the petitioner and in the later limb of the order, directions have been given for permitting lower pay scale to the petitioner. Learned counsel further submits that vide order dated 24.03.2004 (Annex.-1), petitioner was assigned semi-permanent status on the post of Store Munshi after completion of two years of services with effect from 01.01.1985. As per the Work Charged Rules, 1964 prevailing at the relevant time after granting benefit of semi- permanent status, on completion of 10 years of service from the date of initial engagement, the petitioner was entitled for permanent status on the post of Store Munshi, which has been arbitrarily denied by the respondents. 5. Learned counsel for the petitioner has also drawn indulgence of this Court on a judgment delivered by in the case of Rajasthan Rajya Shikshit Karyaprabhari Karamchari Sangthan Vs. State of Rajasthan reported in 2015(1) WLC (Raj.) 640 and after relying upon the aforesaid judgment learned counsel for the petitioner submits that the case of the petitioner is similar to the cause adjudicated in the aforesaid judgment, where [2025:RJ-JP:31356] (3 of 4) [CW-6846/2005] he has also completed more than 10 years of services and is therefore, entitled for regular pay scale after completion of ten years of services. 6. Per contra, learned counsel appearing for the respondents submits that the petitioner was actually working on the post of Helper and therefore, in the impugned order dated 28.07.2005, directions have been given to grant pay scale admissible to the post of Helper Grade-II to the petitioner. It has been submitted that the petitioner is not entitled for permanent status or regular pay scale meant for the post of Store Munshi. 7. I have considered the submissions made by learned counsel for the parties and examined the record. 8. It is admitted case of the respondents that the petitioner has been granted semi- permanent status on the post of Store Munshi with effect from 01.01.1985 vide order dated 24.03.2004. Admittedly, aforesaid order of granting semi- permanent status to the petitioner has not yet been withdrawn and such order is still in existence. 9. Earlier, also the petitioner filed S.B. Civil Writ Petition No.6601/91 before this Court which was decided vide order dated 12.09.2003 in which directions were given to grant benefits to the petitioner by treating him as a Store Munshi. Hence, at this stage, the respondents cannot be allowed to raise a dispute that the petitioner was not appointed on the post of Store Munshi. 10. As per scheme of Rules of 1964, after rendering work for ten years, the concerned employee is entitled for permanent status, however, till date the petitioner has not been granted [2025:RJ-JP:31356] (4 of 4) [CW-6846/2005] permanent status on the post of Store Munshi, whereas, he has worked for approximately more than 40 years. 11. In the light of above admitted facts, this Court finds that the judgment of Rajasthan Rajya Shikshit Karyaprabhari Karamchari Sangthan (Supra) is applicable in the case of petitioner also. 12. Resultantly, the writ petition filed by the petitioner is allowed and the respondents are directed to declare the petitioner as permanent to assign permanent status on completion of ten years of service on the post of Store Munshi and all the consequential benefits under the Rules be given to him within a period of three months from the date of passing of this order. (ANAND SHARMA),J DIVYA /3