[2026:RJ-JP:1168] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18694/2012 1. Surendra Kumar Saini S/o Shri Kishan Lal, R/o Nayabas, Near Manu Marg Circle, Alwar 2. Rajendra Singh Saini S/o Shri Chagan Lal Saini, R/o H.No. 6, Dholidoob, Near Ratnagar, Infront Of Vijay Mandir Road, Alwar 3. Bharat Singh Yadav S/o Shri Manglu Ram, R/o 3/68, Near Tolda Housing Board Extension, Bapu Nagar, Kitoda, Alwar 4. Sunil Kumar Sain S/o Shri Ballu Ram, R/o Pradhan Wali Gali, Meena Mohalla, Laxmangarh, Alwar 5. Ramdev Singh S/o Shri Rameshwar Dayal, R/o Village And Post Tigariya, Teh. Toda Bheem, Karauli ----Petitioners Versus 1. State Of Rajasthan Through Secretary To The Government, Public Health And Engineering Department, State Of Rajasthan, Secretariat, Jaipur 2. Chief Engineer H.Q., Public Health And Engineering Department, Rajasthan, Jaipur 3. Executive Engineer, Public Health And Engineering Department, Division Alwar ----Respondents For Petitioner(s) : Mr. H.V. Nandwana For Respondent(s) : Ms. Gunjan Chawla for Mr. Neeraj Batra, G.C. HON'BLE MR. JUSTICE ANAND SHARMA Order 12/01/2026 1. Petitioners have filed the instant petition assailing the order dated 06.06.2012 passed by Executive Engineer Public Health and Engineering Department, Alwar whereby [2026:RJ-JP:1168] (2 of 5) [CW-18694/2012] representation filed by the petitioners in compliance of order dated 10.11.2009 passed by this Court seeking semi-permanent status on the post of Helper has been dismissed. 2. Learned counsel for the petitioners submits that all the petitioners were initially engaged on different dates in the year 1988 and at the relevant time, all of them were possessing qualification of 8th Class or more, which was the requisite qualification for holding the post of Helper. It was further submitted by learned counsel for the petitioners that the petitioners were working under the "Rajasthan P.W.D. (B&R) including Gardens, Irrigation, Land Development (Programmer) Circle C.A.D. Chambal Department Kota excluding Departmental Operation Circle (Work Charge Rules), 1964 wherein, there was a provisions of assigning semi-permanent status immediately on completion of two years of service. Thus, all the petitioners were entitled to get such benefit from the year 1990 however, instead of giving them such benefit from 1990, they have been assigned semi-permanent status on the post of Beldar w.e.f. 01.01.1995. 3. Contention of the petitioners is that in compliance of the Rules of 1964, all other similar situated persons, who were holding the post of Helper have already been assigned such benefits immediately on completion of two years of service however, when such benefit was not properly given to the petitioners, they filed S.B. Civil Writ Petition Nos. 4313/1997 & 3979/1995 with so many other persons. In both the aforesaid writ petitions, while disposing of the same, the petitioners were directed to make a representation before the Competent Authority and in compliance thereof, when representation was submitted, it [2026:RJ-JP:1168] (3 of 5) [CW-18694/2012] has been dismissed vide order dated 06.06.2012 by giving irrational and illogical reasons, which are contrary to the provisions of Rules, 1964. 4. Learned counsel for the respondents submits that while denying benefit of semi-permanent status to the petitioners as claimed by them, it was mentioned that the persons who were senior to the petitioners have also been assigned such benefit from 01.01.1995 therefore, the petitioners could not have been granted such benefit from the year 1990. It was also submitted that the person who is senior to the petitioners have been made semi-permanent on the post of Beldar, therefore, the claim of the petitioners on the post of Helper is not made out. 5. Heard learned counsel for the parties and perused the record. 6. Although, in memo of writ petition, the petitioners have pleaded that all the petitioners were initially engaged on the post of Helper, however, on perusing the order dated 10.11.2009 passed by Co-ordinate Bench of this Court in S.B. Civil Writ Petition No. 3979/1995 Anit Kumar Sharma & Ors. Vs. PHED & Ors., it comes out that the petitioners Bharat Singh and Sunil Kumar contended that they were working on the post of Beldar and since, semi-permanent status was assigned to them on the post of Beldar therefore, the petition in this regard has become infructuous. However, liberty was granted to the petitioners to make a representation for seeking semi-permanent status on the post of Helper. Thus, the contention of the petitioner is that the right from the day one, they were engaged as Beldar is contrary to the record as well as order dated 10.11.2009. [2026:RJ-JP:1168] (4 of 5) [CW-18694/2012] 7. With regard to other three petitioners i.e. Surendra Kumar Saini, Rajendra Singh Saini & Ramdev Singh, there is no denial in the reply to the writ petition that they were initially engaged as Helper with the respondent-Department. 8. This Court also examined order dated 06.06.2012 and finds that the reasons assigned for not granting the petitioners semi-permanent status from the date of completion of two years is not justifiable in the eye of law. The question of seniority in the matter of assigning semi-permanent status does not come into play and as per the rule, each and every person who was initially engaged under "Work Charge Rules" are required to be assigned semi-permanent status immediately on completion of two years of service. 9. In view of the above, the writ petition filed by the petitioners is partly allowed, so far as the petitioner No.1- Surendra Kumar Saini, the petitioner No.2- Rajendra Singh Saini & petitioner No.5-Ramdev Singh are concerned, the respondents are directed to assigned the semi-permanent status to them on completion of two years of service on the post of Helper and to grant all the consequential benefits, accordingly. With regard to other petitioners i.e. Bharat Singh Yadav and Sunil Kumar Sain, as they were initially engaged as Beldar therefore, their claim with regard to granting semi-permanent status on the post of Helper is not made out and is hereby rejected, however, they are also otherwise entitled for having benefit of semi-permanent status from the date on which, they were completed two years of service. [2026:RJ-JP:1168] (5 of 5) [CW-18694/2012] 10. The respondents are directed to grant the petitioners consequential benefits by passing an order to assign semi- permanent status from the date, they have completed two years service on the post of Helper or Beldar, as specified in foregoing para of this order. 11. The petition filed by the petitioner stands disposed of accordingly. 12. Necessary exercise to be made within a period of 60 days from the date of submitting certified copy of this order. (ANAND SHARMA),J NEERU/23