HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Contempt Petition No. 719/2021
In
S.B. Civil Writ Petition No.525/2007
Mukesh Kumar Son Of Shri Har Chand Ram, Aged About 41
Years, R/o Village Sheel Ganva Post Basni Tehsil Mandawar,
District Alwar.
----Petitioner
Versus
1. Shri Sumit Sharma, I.A.S. Secretary To Government,
Social Justice And Empowerment Department,
Government Of Rajasthan, Secretariate, Bhagwan Das
Road, Jaipur.
2. Shri O P Bunkar, Director, Social Justice And
Empowerment Department, Ambedkar Bhawan, G -3/1,
Rajmahal Residency Area, Behind Rajmahal Palace, Jaipur.
302005
3. The State Of Rajasthan, Through Secretary To The
Government, Social Welfare Department, Government Of
Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Mr. R.C. Joshi
Ms. Namita Parihar
For Respondent(s) : Mr. Chiranji Lal Saini, AAG
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
12/04/2022
Heard the parties.
The contempt-petitioner had filed S.B. Civil Writ Petition No.525/2007 for direction to respondents to regularize the services of the petitioner w.e.f. 01.04.1997. The writ application was disposed of on 12.02.2021 with direction to respondents to consider the case of the petitioner as directed earlier in order (Downloaded on 18/04/2022 at 08:29:53 PM) (2 of 2) [CCP-719/2021] dated 20.09.2006 passed in Writ Petition No.3433/1997 and to give consequential benefit to the petitioner. The exercise was to be completed within two months.
This contempt petition was filed alleging that the aforesaid order of the Writ Court has not been complied by the respondents. Respondents have come-up with an order dated 08.03.2022 issued by the Director-cum-Joint Secretary, Department of Social Justice, Government of Rajasthan, whereby services of the petitioner have been regularized from 01.04.1997 as a regular Class-IV employee in the referred pay-scale.
Learned counsel for the petitioner submits that still the order of Writ Court has not been fully complied as consequential benefits after regularization had not been paid to the petitioner.
Learned counsel for the respondents submits that since the benefit would be given from the date of regularization in view of the judgment of Hon'ble Supreme Court in the case of State of Rajasthan & ors. v. Jagdish Narain Chaturvedi (Civil Appeal No.3620/2009), decided on 08.05.2009 and since the order of Writ Court has substantially been complied, there is no reason that respondents would not give financial benefits of regularization to the petitioner according to law.
The petitioner may file representation before the authority concerned, if the authority does not decide the issue of consequential benefits within two months from today; thereafter petitioner would be at liberty to seek remedy according to law.
With the aforesaid observation, contempt petition stands disposed of.
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