Sannu Devi W/O Shri Santosh Kumar vs State Of Rajasthan
2021 Latest Caselaw 3485 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 8353/2021

Sannu Devi W/o Shri Santosh Kumar, Aged About 43 Years, R/o
P.no. 120, Pareek Mohalla, Ward No. 12, Sirsi, Jaipur, Rajasthan.
                                                                     ----Petitioner
                                     Versus
1.     State Of Rajasthan, Through Principal Secretary, Medical
       And Health Department, Secretariat, Jaipur
2.     The Secretary, Rajasthan Medicare Relief Society, Primary
       Health Center, Sirsi, Jaipur.
3.     Block Chief Medical Officer, Block Sirsi, Jhotwara, Jaipur.
                                                                  ----Respondents

For Petitioner(s) : Mr. C.P. Sharma For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

06/08/2021

1. Instant writ petition has been filed by the petitioner with the

following prayers:-

"I) by an appropriate writ order or direction or in nature thereof, the respondents be directed to regularize the service of the petitioner on the post of Safar Karamchari (Class-IV Employee).

ii) By an appropriate writ order or direction or in nature thereof, till allowing the regular status to petitioner on the post of Safai Karamchari (Class-IV employee), it be directed to the respondents to allow to petitioner minimum pay of pay scale to the post of Safai Karamchari (Class-IV employee) since her initial appointment in pursuance of recent judgment passed by Apex Court in case of State of Punjab Vs. Jagjit Singh.

iii) Any other order or direction, which the Hon'ble Court deems fit and proper, may kindly be passed in favour of the petitioner.

(2 of 2) [CW-8353/2021]

iv) Cost of the writ petition may kindly be awarded to the petitioner. "

2. Admittedly, the petitioner is not placed on record any

appointment order issued by the respondents, therefore, in my

considered view the disputed facts of question are involved in this

writ petition and the petitioner has to prove her case with regard

to her appointment with the respondents before the learned

Labour Court and the petitioner is at liberty to raise her grievance

before the learned Labour Court.

3. The Hon'ble Supreme Court passed the judgment in the

matter of SHUBHAS JAIN Vs RAJESHWARI SHIVAM & ORS. (CIVIL

APPEAL NO. 2848 OF 2021), where in para No.26 it has held as

under:-

"26. It is well settled that the High Court exercising its extraordinary writ jurisdiction under Article 226 of the Constitution of India, does not adjudicate hotly disputed questions of facts. It is not for the High Court to make a comparative assessment of conflicting technical reports and decide which one is acceptable."

4. In that view of the matter, the present writ petition stands

disposed of with liberty to raise her dispute before the learned

Labour Court.

(INDERJEET SINGH),J

Upendra Pratap Singh /125

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