Judgment:
Mahendra Bhushan Sharma, J.
1 .The above two writ petitions raise an identical question, the facts are also identical and, therefore they are going to be disposed of by a common order.
2. The petitioner Mohan Singh in S.B. Civil Writ Petition No. 2291/86 was appointed vide order dated July 3, 1978 on the post of Cattle Guard on work-charged basis in the Forest Department. Though initially his appointment was on payment of Rs. 5/- per day but later-on the Government revised the wages of the daily rated workers and the petitioner is now getting Rs. 11/-per day. He is working on daily wages since the date of his appointment though he has been transferred from one office to the other office and is presently working in the office of Forest, Sendra Range, District Pali.
3. S.B. Civil Writ Petition No. 1319/84 is filed by Van Vibhag Employees Union, Churu and the case of the Union is that it is a registered Trade Union bearing No. RTU/1981 and represents the majority of the employees of the Forest Department and has been espousing the cause of the employees, raising reasonable demands from time to time for the benefits of the employees. Most of the employees are appointed in the Forest Department on workcharged basis on the muster rolls and they are being continued on the muster rolls for a long time without getting the status, either of the semi-permanent or permanent and even after completion of the two years or ten years service, other benefits are not being provided to them though they are being provided to the other work-charged employees of the other departments like P.W.D., PHED and Irrigation, etc.
4. The case of the petitioners is that respondent No. 1 issued an official order No. F7 (396) Ra.K/71 dated 8-5-1973 to respondent No. 2 directing him to implement the standing orders which were duly approved by the Government. Though departmental service regulations were termed as Standing Orders, but they were not under the Industrial Employment (Standing Orders) Act, 1946 (for short the 'Act'). Therefore, it cannot be availed of by raising an Industrial Dispute by an individual worker. It has been prayed that the petitioner Mohan Singh and the other workers who ate represented by Van Vibhag employees Union be ordered to be governed by the service conditions either under the Workcharged Service Rules, 1973 or by the Rajasthan Service Rules. A notice was issued to the Government of Rajasthan, but surprisingly no reply has been filed.
5. It appears that since long the practice in the various offices under the Conservator of Forests and others in the Forest Department is to appoint workers on daily wages and continue them as such for years. There are no rules lading down the conditions of their service. The Government has not cared to frame the Work-charged Employees Service Rules as in the P.W.D. (B&R;) and other departments and under those rules semi-permanent, permanent status to the employees after a specified period of service is conferred but so far as the employees like the petitioner Mohan Singh and other in the Forest Department are concerned, no efforts have been made to lay down the service rules. In exercise of the powers conferred by proviso to Article 309,of the Constitution of India, Government of Rajasthan made the Rajasthan Public Works (Building and Roads) including Garden Irrigation and Warter Works Work charged Employees Service Rules, 1964 (for short the 'Rules') for regulating recruitment and other service conditions of the work-charged employees of aforesaid department. Thus, the persons who are appointed on work-charge in the aforesaid departments are governed by these rules and under Rule 3, the work-charged employees are entitled to get the status of semi-permanent after the two years and after completion of 10 years service on work-charged basis on muster roll, the concerned workman is emitted to get the status of permanent nature. Under Sub-rule (2) of Rule 3; employees shall be eligible for the status of permanent work-charged employees their record of provided, service in the opinion of the competent authority, is satisfactory. Again under Sub-rule (3) of the aforesaid rules, employee in continuous service for two years or more, except those covered by Sub-rule (1) shall be eligible for the status of semi-permanent work charged employees or of semi-permanent technical staff, provided their record of service in the opinion of the competent authority; is satisfactory. No employee under Sub-rule (4) of Rule 3 shall acquire status of permanent work-charged or semi-permanent work-charged employees without prior sanction of the competent authority as may be notified by the Head of the Department. Rules also lay down as to how the recruitment and promotion is to be done, what is to be the age and qualification for recruitment. They also deal with the seniority, compulsory retirement, etc., pay & emoluments etc. It will, therefore, be clear that rules have been made under Article 309 of the Constitution of India, governing recruitment and other conditions of service of the work-charged employees of the P.W.D. etc. referred to earlier.
6. A perusal of the various documents which have been filed by the petitioner will show that the work-charged rules were framed which are to govern the service conditions of the persons employed on daily wages in the Forest Department. A reference in this connection is made to (Anex. 2) to (Annex. 4) in S.B. Civil Writ Petition No. 1391/84 and (Annex. 4 to Annex. 5A) in S.B. Civil Writ Petition No. 2291/85. A perusal of the aforesaid documents will show that a draft of the standing orders after approval was sent by the Deputy Secretary, Revenue Gr. (A) Department dated 8th May, 1983 to Conservators of Forest Department, Commercial Division, Jaipur. The subject of the same letter is as under:
Giving legal facilities to the work-charged employees of the Forest Department.
7. It was sent with reference to the letter of the Conservator of Forests, Commercial Circle, Jaipur, dated 31st January, 1973. It was intimated by the Deputy Secretary that the standing orders have been approved and he has been directed that the standing orders should be applied to the Forest Department. Thereafter under (Annex. 4) dated July 13, 1980 the Conservator of Forests, Commercial Circle, Jaipur informed all the Forests Officers throughout Rajasthan and enclosed a copy of the standing orders for necessary action. (Annex. 5) in S.B. Civil Writ Petition No. 2291/85 are the standing orders which are approved by the State Government and (Annex. 5A) lay down the pay-scale. It can, therefore, be said that by the Government and other conditions of service of the work-charged employees of the Department were Laid down. But it is surprising that after having taken a decision which was in the right direction as the employees could not be denied the benefits which are being given to the work-charged employees of the other departments of the State Government the decision was not implemented. In the absence of any reply filed by the non-petitioners the reasons for not implementing the decision to govern the service conditions cannot be known. The employees of the Forest Department who have rendered even 10 years of service still are living under uncertain conditions neither permanent nor semi-permanent status has been conferred on them which cannot be approved in any case. When the Government has taken a decision, has made rules regulating service conditions of the employees under Article 309 of the Constitution of India for the work-charged employees of the P.W.D. and other departments as aforesaid, there appears to be no justification as to why the petitioner Mazdoor Sangh and others similarly situated employees of the Forest Department should be denied the benefits of the relevant rules more so when the standing orders were approved by the State Government as far back as 1973.
8. Consequently, I allow these writ petitions and direct the respondents that they shall govern the service conditions of the employees of the Forest Department under the standing orders or the rules what so ever nomenclature may be given to the approved rules which were framed by the Forest Department and which were approved by the Government under the letter of the Dy. Secretary, Government of Rajasthan Revenue (Gr. A) Department No. F 7(396) Ra. K/71, dated 8-5-1973. The employees shall be entitled for the benefits of the work-charged employees under those rules from the date the standing order or rules were approved by State Government.