Shiv Prasad Sharma S/O Shri Ramesh ... vs State Of Rajasthan
2021 Latest Caselaw 717 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            S.B. Civil Writ Petition No. 2509/2019

1.    Shiv Prasad Sharma S/o Shri Ramesh Chand Sharma,
      Aged About 27 Years, R/o Village And Post Deory, Tehsil
      Sikrai District Dausa Presently Working As Seucrity Guard
      In Gram Panchayat Shekhpura
2.    Sitaram Meena S/o Shri Ghasiram Meena, Aged About 33
      Years, R/o Village Hingwa, Tehsil Sikrai District Dausa
      Presently Working As Seucrity Guard In Gram Panchayat
      Hingwa
3.    Mahesh Kumar Doi S/o Shri Brijmohan Doi, R/o Village
      Goliya, Post Brahman Berada, Tehsil Sikrai District Dausa,
      Presently Working As Seucrity Guard In Gram Panchayat
      Brahman Berada
4.    Shyam Lal Sharma S/o Bhagwan Sahai Sharma, R/o
      Village And Post Gangduwadi, Tehsil Sikrai District Dausa,
      Presently Working As Seucrity Guard In Gram Panchayat
      Gangduwadi
5.    Hazari Lal Meena S/o Gokulram Meena, R/o Village
      Gandrawa, Tehsil Sikrai District Dausa, Presently Working
      As Seucrity Guard In Gram Panchayat Gandrawa
6.    Vishram Gurjar S/o Ramsingh Gurjar, R/o Village And Post
      Farrashpura,    Tehsil      Sikrai      District        Dausa,   Presently
      Working   As      Seucrity        Guard        In       Gram     Panchayat
      Farrashpura
7.    Rajendra Singh Gurjar S/o Shri Subddi Gurjar, R/o Village
      Nihalpura, Tehsil Sikrai District Dausa, Presently Working
      As Seucrity Guard In Gram Panchayat Nihalpura
8.    Gulab Saini S/o Shri Laturmal Saini, R/o Village And Post
      Bahrawanda,      Tehsil     Sikrai      District        Dausa,   Presently
      Working   As      Seucrity        Guard        In       Gram     Panchayat
      Bahrawanda
9.    Harimohan      Sharma       S/o     Shri     Narayan       Sharma,    R/o
      Pipalki, Tehsil Sikrai District Dausa, Presently Working As
      Seucrity Guard In Gram Panchayat Pipalki
10.   Ramjilal Sen S/o Shri Narayan Lal Sen, R/o Village
      Chhokarwada, Tehsil Sikrai District Dausa, Presently
      Working   As      Seucrity        Guard        In       Gram     Panchayat
      Chhokarwada

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11.   Papu Lal Meena, S/o Chandraram Meena, R/o Village
      Dolika, Tehsil Sikrai District Dausa, Presently Working As
      Seucrity Guard In Gram Panchayat Dolika
12.   Harkesh Meena S/o Gamman Meena, R/o Village Nandari,
      Tehsil Sikrai District Dausa, Presently Working As Seucrity
      Guard In Gram Panchayat Nandari
13.   Ashok Sen S/o Ramcharan Sen, R/o Village Sikandra,
      Tehsil Sikrai District Dausa, Presently Working As Seucrity
      Guard In Gram Panchayat Sikandra
14.   Banwari Lal Saini S/o Kaurya Saini, R/o Village Achalpura,
      Tehsil Sikrai District Dausa, Presently Working As Seucrity
      Guard In Gram Panchayat Achalpura
15.   Girdhari Lal Saini S/o Ramet Saini, R/o Village Kundera,
      Tehsil Sikrai District Dausa, Presently Working As Seucrity
      Guard In Gram Panchayat Sikrai
16.   Nathu Lal Gurjar S/o Sundar Lal Gurjar, R/o Village
      Bhojpura,       Post      Kelai,     Tehsil      Sikrai      District    Dausa,
      Presently Working As Seucrity Guard In Gram Panchayat
      Kalai
17.   Lokesh Prajapat S/o Lalluram Prajapat, R/o Village And
      Post    Denda,       Tehsil      Sikrai     District        Dausa,    Presently
      Working As Seucrity Guard In Gram Panchayat Denda
18.   Nihal Singh Meena S/o Kanji Ram Meena, R/o Village And
      Post Naharkhorra, Tehsil Sikrai District Dausa, Presently
      Working     As        Seucrity        Guard        In       Gram     Panchayat
      Naharkhorra
19.   Muniram Meena S/o Girraj Prasad Meena, R/o Village And
      Post Chandera, Tehsil Sikrai District Dausa, Presently
      Working As Seucrity Guard In Gram Panchayat Chandera
20.   Harkesh Saini S/o Lalluram Saini, R/o Village Garh, Post
      Ranoli, Tehsil Sikrai District Dausa, Presently Working As
      Seucrity Guard In Gram Panchayat Ranoli
21.   Girraj Prasad Gurjar S/o Shyotan Singh Gurjar, R/o
      Village Dubbi, Tehsil Sikrai District Dausa, Presently
      Working As Seucrity Guard In Gram Panchayat Dubbi
22.   Murari    Lal     Meena       S/o      Ratiram       Meena,        R/o   Village
      Jaisinghpura,        Tehsil     Sikrai      District        Dausa,    Presently
      Working     As        Seucrity        Guard        In       Gram     Panchayat
      Jaisinghpura
23.   Bhagwan Sahai Meena S/o Kalyan Sahai Meena, R/o

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      Village    Meena     Simla,       Tehsil      Sikrai      District     Dausa,
      Presently Working As Seucrity Guard In Gram Panchayat
      Meena Simla
24.   Ramkhiladi     Saini      S/o     Bhori      Lal     Saini,     R/o    Village
      Mochigpura,      Tehsil      Sikrai     District         Dausa,      Presently
      Working     As     Seucrity        Guard        In       Gram     Panchayat
      Mohchingpura
25.   Babu Lal Panchal S/o Shri Ramswaroop Panchal, R/o
      Village Gadhora, Kalakho, Tehsil Sikrai District Dausa,
      Presently Working As Seucrity Guard In Gram Panchayat
      Kalakho
26.   Miththan Lal Jangid S/o Shri Chhitar Mal Jangid, R/o
      Village And Post Bhankari, Tehsil And District Dausa,
      Presently Working As Seucrity Guard In Gram Panchayat
      Bhankari
                                                                    ----Petitioners
                                  Versus
1.    State Of Rajasthan, Through Principal Secretary, Rural
      Development And Prnanayati Raj Department, Govt. Of
      Rajasthan Govt. Secretariat, Jaipur
2.    District Collector, Dausa
3.    Zila Parishad Dausa, Through Its Chief Executive Officer
4.    Block     Development        Officer,     Panchayat         Samiti     Sikrai,
      District Dausa
5.    Block Development Officer, Panchayat Samiti Dausa,
      District Dausa
6.    Gram Panchayat Shekhpura, Panchayat Samiti Sikrai,
      District Dausa, Through Secretary
7.    Gram Panchayat Hingwa, Panchayat Samiti Sikrai, District
      Dausa, Through Secretary
8.    Gram Panchayat Gandrawa, Panchayat Samiti Sikrai,
      District Dausa, Through Secretary
9.    Gram Panchayat Bhraman Berada, Panchayat Samiti
      Sikrai, District Dausa, Through Secretary
10.   Gram Panchayat Farrashpura, Panchayat Samiti Sikrai,
      District Dausa, Through Secretary
11.   Gram Panchayat Gangduwadi, Panchayat Samiti Sikrai,
      District Dausa, Through Secretary
12.   Gram Panchayat Nihalpura, Panchayat Samiti Sikrai,

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      District Dausa, Through Secretary
13.   Gram Panchayat Bahrawanda, Panchayat Samiti Sikrai,
      District Dausa, Through Secretary
14.   Gram Panchayat Pipalki, Panchayat Samiti Sikrai, District
      Dausa, Through Secretary
15.   Gram Panchayat Chhokarwada, Panchayat Samiti Sikrai,
      District Dausa, Through Secretary
16.   Gram Panchayat Dolika, Panchayat Samiti Sikrai, District
      Dausa, Through Secretary
17.   Gram Panchayat Nandari, Panchayat Samiti Sikrai, District
      Dausa, Through Secretary
18.   Gram Panchayat Sikrai, Panchayat Samiti Sikrai, District
      Dausa, Through Secretary
19.   Gram   Panchayat       Sikandra,        Panchayat         Samiti   Sikrai,
      District Dausa, Through Secretary
20.   Gram Panchayat Achalpura, Panchayat Samiti Sikrai,
      District Dausa, Through Secretary
21.   Gram Panchayat Kelai, Panchayat Samiti Sikrai, District
      Dausa, Through Secretary
22.   Gram Panchayat Denda, Panchayat Samiti Sikrai, District
      Dausa, Through Secretary
23.   Gram Panchayat Naharkhorra, Panchayat Samiti Sikrai,
      District Dausa, Through Secretary
24.   Gram Panchayat Chandera, Panchayat Samiti Sikrai,
      District Dausa, Through Secretary
25.   Gram Panchayat Ranoli, Panchayat Samiti Sikrai,district
      Dausa, Through Secretary
26.   Gram Panchayat Dubbi, Panchayat Samiti Sikrai, District
      Dausa, Through Secretary
27.   Gram    Panchayat         Jaisinghpura,            Panchayat       Samiti
      Sikrai,district Dausa, Through Secretary
28.   Gram    Panchayat       Meena         Simla,           Panchayat   Samiti
      Sikrai,district Dausa, Through Secretary
29.   Gram    Panchayat        Mohchingpura,             Panchayat       Samiti
      Sikrai,district Dausa, Through Secretary
30.   Gram     Panchayat           Khalakho,           Panchayat         Samiti
      Sikrai,district Dausa, Through Secretary
31.   Gram Panchayat Bhankari, Panchayat Samiti And District


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        Dausa, Through Secretary
                                                                  ----Respondents

For Petitioner(s) : Ms. Poonam Chand Sharma For Respondent(s) : Mr. Vaibhav Thakuriya for Dr. Ganesh Parihar, Addl.GC

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

25/01/2021

1. Both the counsels are agreed that similarly situated cases

including S.B. Civil Writ Petition No.9051/2020 have been decided

by the Co-ordinate Bench at Principal Seat, Jodhpur wherein the

petitioners have been directed to make representation to the

authorities in the light of the judgment passed in Mukesh Kumar

Khatik Vs. State of Rajasthan & Ors., S.B.C.W.P. No.5049/2014,

decided on 1st September, 2014. Therein, it was held that Security

Guards working with the State Government through the placement

agency ought to be paid their salary directly.

2. Learned counsel submits that upon such representations

having been made, the certain persons working at Kekri, Ajmer

have already been granted the relief of being paid salary directly

by the authorities.

3. I have considered the aforesaid aspect and perused the

order passed by the court in case of Mukesh Kumar Khatik

(supra).

4. This court after considering the judgment passed in Mooli

Devi Choudhary Vs. State of Rajsthan, reported in 2010 (4)

WLC (Raj.) 334 observed as under:

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"In view of above judgment, obviously the appointment through placement agency is not proper, but at the same time, the engagement of retired persons is also not in consonance with the constitutional provision because large number of qualified young unemployed candidates are waiting for appointment, therefore, young qualified candidates possessing requisite qualification are better than the retired person and their service can be utilized upon the posts available with the Government on temporary basis. Here in this case, when a conscious decision is taken by the respondents for making regular recruitment and till then to engage the employees on contract basis or by way of recruitment of retired person then why order has been passed to disengage the petitioner to work on the post in question which he was provided appointment through placement agency.

In view of the above this Court disapprove the decision of the Government to engage retired employees on the post in question, therefore, it is held that no retired person shall be appointed on the post in question and if the petitioner's work is satisfactory, though he was appointed through placement agency, then he may be allowed to work said post till duly selected candidates made available as per decision of Mooli Devi's case.

In view of the above, the instant petition is allowed with the following directions:

(i) the petitioner may be permitted to work on the post in question till regular selected candidates made available for the post in question as per the decision taken by the Government;

(ii) no retired person shall be engaged on these regular sanctioned posts;

(iii) the stay is operated in this case, therefore, the petitioner may be permitted to work on the post in question till regularly selected candidates are made available upon the same terms and conditions upon which he was engaged."

5. In view of above, the present writ petition is allowed and the

respondents are directed to continue the petitioners on the post

till regularly selected candidates are made available and to allow

them to receive salary directly from the authorities instead of

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Placement Agency. Necessary orders in this regard shall be issued

by the respondents within a period of three weeks.

6. All pending applications also stand disposed of.

(SANJEEV PRAKASH SHARMA),J

SAURABH YADAV /670-34

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