Rajasthan High Court - Jodhpur
Mohd.Salim vs State Of Rajasthan And Ors on 11 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5469/2017
Mohd. Salim S/o Shri Fateh Mohammad, By Caste Kayamkhani
Musalman, R/o Ward No.19, Gud Mandi, Near Joshi Press,
Hanumangarh Town, District Hanumangarh Raj..
----Petitioner
Versus
1. The State Of Rajasthan Through The Secretary,
Department Of Local Self, Secretariat, Rajasthan, Jaipur.
2. The Nagar Parishad, Hanumangarh Through Its
Commissioner.
3. Director, Department Of Local Self, Jaipur, Rajasthan.
4. Dy. Director Regional, Department Of Local Self, Bikaner,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. HS Sidhu
For Respondent(s) : Mr. Rajesh Parihar
Mr. RC Joshi
JUSTICE DINESH MEHTA
Judgment
11/01/2021
Petitioner was initially engaged by the Municipal Council,
Hanumangarh as Computer Operator, in the year 2005. It is, inter
alia, averred in the writ petition that since inception of his service
career, petitioner is discharging his duties with utmost satisfaction
and he has to his credit requisite qualification of Computer
Operator. It is also reflected from the pleadings that State Govt. in
exercise of power under Section 328 of the Rajasthan
Municipalities Rules, 2009, has sanctioned number of posts for
various municipalities and two posts of Computer Operator are
(2 of 3) [CW-5469/2017]
also sanctioned for respondent No.4, Municipal Council,
Hanumangarh. The decision of the State Govt. in this behalf was
conveyed by the Dy. Director, Local Self Govt. vide order dated
30.09.2013. The petition also unfurls that the longevity of the
services of petitioner and his satisfactory performance as
Computer Operator prompted the Municipal Board to recommend
him for regularization of his services on the post of Computer
Operator. Accordingly, recommendation in this behalf was sent by
the Municipal Board to the State Government but same is still
pending before the State Govt.
Learned counsel for the petitioner has also placed reliance on
a decision of Supreme Court in State of Karnataka V/s. Uma Devi
[(2006) 4 SCC 1]. While referring to office order dated 15 th of
March, 2017, it is also pleaded that the Local Self Govt. has issued
necessary directions for implementing the verdict given in S.B.
Civil Writ Petition No.18056/2015 (Roshan Lal Saini V/s. State &
Ors., decided on 9th of March, 2017) for regularization of the
services of employees in consonance with the policy adopted by
the State Govt.
Learned counsel appearing for the State Govt. has not
disputed that recommendations have been sent by Municipal
Board but has submitted that the matter is still pending
consideration before the Directorate.
In this view of the matter, I deem it just and appropriate to
dispose of this writ petition with a direction to the State Govt. to
decide the matter at the earliest to facilitate issuance of requisite
order of regularization of petitioner's services, strictly in
accordance with law. The requisite exercise be undertaken by the
(3 of 3) [CW-5469/2017]
State Govt. at the earliest, preferably within a period of four
weeks from the date of presentation of this order.
The writ petition is, accordingly, disposed of.
The stay application also stands disposed of accordingly.
(DINESH MEHTA),J
121-CPGoyal/-
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