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Judgment
The present writ petition has been filed under Article
226 of the Constitution of India, by Trade Union registered under
the Trade Union Act . Details of members of the Trade Union are
given in Para-2 of the writ petition.
In the writ petition, it is prayed that the members of
the Trade Union are working in the respondent department for
more than last ten years and they have been working as Pump
Driver.
The members of the petitioner Trade Union were appointed as Pump Driver under the scheme called Janta Jal
Yojna. It is further pleaded in the present petition that the Public
Health and Engineering Department had advertised 1306 posts for
various categories which included Pump Driver also.
The learned counsel for the petitioner has submitted
that a Division Bench of this Court in Pradesh Janta Jal Yojna
Shramik Union vs. The State of Rajasthan & Anr., D.B. Civil
Special Appeal (W) No.1053/2013 decided on 31.10.2014 has
held as under:-
"15. We however find that the members of the appellant-Union, even if they are not discharging their duties, as against any post in the Department under the Rules, have a right to be considered for appointment, provided they are eligible, qualified, and possess the requisite experience for the advertised posts.
We are informed that 1306 posts of various categories have been advertised, whereas the appellants are 2485 in number. We have no doubt that most of the members of the appellant-Union must have applied in pursuance of the advertisement, if they are eligible and experienced. If however any of them has not applied, in the hope of getting some relief of regularization in this Special Appeal,which we have decided today, must be given an opportunity, if he is eligible, qualified and possessing requisite experience to apply for the advertised posts.
In view of the above, we direct that the respondents will issue necessary advertisement within three weeks, making it open for the members of the appellant-Union only, for those who have not applied, to apply for the posts, advertised vide advertisement dated 08.08.2013 within a period of 15 days from the date of advertisement, and to consider the applications made by the appellants, provided they are eligible, qualified, and possess requisite experience for selection to the posts under the Rules of 1967."
The learned counsel for the petitioner has further
submitted that a co-ordinate Bench on 14.12.2016, relying upon
the judgment rendered by Division Bench noticed above, has
rendered judgment in Janta Jal Yajana Mazdoor Sangh
Jhunjhunu vs. The State of Rajasthan & Ors ., and held as
under:-
"After hearing counsel for the parties and taking note of the judgment of the Division Bench in D.B. Special Appeal (Writ) No.1053/2013 this Court finds that as regards regularization is concerned it is not possible to extend indulgence in the light of the judgment of the Division Bench dt.31-10-2014 (supra) but finds substance in the submission of the petitioner''s counsel that the left out candidates & members of other recognized Union if eligible and working in Janta Jal Yojana to fill their forms pursuant to public notice dt.11-11-2016 and this Court finds justification in extending the opportunity to the members of the other recognized Unions as well.
Accordingly, while declining to grant indulgence of regularization, this Court considers it appropriate to direct the respondents to amend the public notice dt.11-11-2016 and afford opportunity to all the members of the recognized Unions who are serving in Janta Jal Yojna to participate in the selection process which at one stage was initiated by the respondent pursuant to advertisement dt.8-8-2013 if otherwise eligible and further considers it appropriate to observe that there is no need for the other recognized institutions to approach this Court since liberty has been granted to the individuals who are working in Janta Jal Yojana & members of the recognized Unions to apply pursuant to public notice dt.11-11-2016 and with this clarification, the present petition stands disposed of."
The learned counsel for the respondents has very fairly
stated that the case of the petitioner Union is squarely covered by
the judgment rendered by the learned Single Judge in Janta Jal
Yojana Mazdoor Sangh Jhunjhunu (supra).
As jointly prayed, the present petition is disposed of, in
same terms as in the case of Janta Jal Yajana Mazdoor Sangh
Jhunjhunu vs. The State of Rajasthan & Ors . decided on
14.12.2016.