State Of Rajasthan vs Bhawani Shankar Saini S/O Shri ...
2021 Latest Caselaw 505 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

         D.B. Civil Special Appeal Writ No. 294/2020

                                         In

              S.B. Civil Writ Petition No. 17202/2018

1.      State Of Rajasthan, Through Principal Secretary, Rural
        Development And Panchayat Department, Government
        Secretariat Jaipur.
2.      The       Commissioner,          National        Gramin        Employment
        Guarantee Scheme (NAREGA), Government Secretariat
        Jaipur.
3.      The District Collector, Alwar.
4.      The Chief Executive Officer, Zila Parishad Alwar.
5.      The     Program        Officer     (NAREGA),              Panchayat   Samiti
        Kishangarh District Alwar.
                                                                      ----Appellants
                                     Versus
Bhawani Shankar Saini S/o Shri Srilal Saini, Aged About 56
Years, R/o Village Ganj, Post Kishangarhwas, Tehsil Kishangarh
District Alwar Rajasthan.
                                                                     ----Respondent

For Appellant(s) : Dr. Ganesh Parihar, Additional Advocate General For Respondent(s) : Mr. Vinod Kumar Sharma, Advocate

HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Judgment / Order

20/01/2021

Appellant-State has filed the appeal challenging the order

dated 7.8.2018 passed by the learned Single Judge, whereby, writ

petition filed by the respondent was allowed in ex-parte.

Learned State Counsel has submitted that the respondent

had filed the writ petition seeking regularization of his services as

(2 of 2) [SAW-294/2020]

well as claim for equal pay for equal work. Writ petition was

disposed of by the Learned Single Judge without issuance of notice

to the appellants. Hence, appellants did not get a chance to put up

their case by filing their reply.

Learned counsel for the respondent on the other hand has

opposed the petition.

A perusal of the impugned order reveals that the writ

petition filed by the respondent was disposed of in ex-parte. No

notice was issued to the appellant-State before disposing of the

petition. Writ petition had been disposed of in view of the

submissions made by the learned counsel for the respondent.

However, appellant-State did not get an opportunity to file their

reply and put up their case vis-à-vis claim of the respondent.

It is the case of the appellants that the case of the

respondent was not covered by the decision of this Court in

Budh Singh Versus UIT Alwar in S.B. Civil Writ Petition No.

1882/2016 decided on 28.04.2017. Hence, it would be just

and expedient to set aside the impugned order so that the

writ petition filed by the respondent can be decided afresh

after affording an opportunity to the appellant-State to put

up their case.

Accordingly, appeal is allowed. Impugned order dated

7.8.2018 is set aside.

Parties are directed to appear before the learned

Single Judge on 22.02.2021.

                                    (MANOJ KUMAR VYAS),J                                              (SABINA),J

                                   Mohita /40









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