Deepak Kumar Gupta S/O Shri ... vs State Of Rajasthan
2022 Latest Caselaw 2899 Raj/2

     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 6232/2019
1.    Deepak Kumar Gupta S/o Shri Chouthmal Gupta, Aged
      About 31 Years, R/o Behind Choudhary Petrol Pump Tonk
      Road, Sanganer, Jaipur, Rajasthan.
2.    Aditya Kumar Sharma S/o Shri Jitendra Sharma, Aged
      About 29 Years, R/o Brahampuri, Panchayat Samiti Road,
      Dausa, Rajasthan.
3.    Mitesh Srivastava S/o Shri Rajesh Chandra Srivastava,
      Aged About 32 Years, R/o House No. 259/e, North
      Humayupur, Shiv Saktipuram, Gorakhpur, Uttar Pradesh.
                                                                  ----Petitioners
                                   Versus
1.    State    Of     Rajasthan,          Through         Principle   Secretary
      Department Of Local Self Government, Secretariat, Jaipur.
2.    Director Local Self Government Department, Government
      Of Rajasthan, G-3, Rajmahal Residential Area, C-Scheme,
      Near Civil Lines Phatak, Jaipur 16 Rajasthan.
3.    Nagar Parshid, Sikar, Through Its Commissioner, Sikar
      Rajasthan.
4.    Nagar Parshid Dausa, Through Its Commissioner, Dausa,
      Rajasthan.
5.    Nagar Parshid Jhunjhunu, Through Its Commissioner,
      Jhunjhunu, Rajasthan.
                                                                ----Respondents

Connected with S.B. Civil Writ Petition No. 20168/2019

Nisha Batra W/o Shri Sushil Batra, Aged About 46 Years, Resident Of 7A, Main Road, Setia Colony, Sriganganagar, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Local Self Government, Secretariat, Jaipur.

2. Director, Local Self Government Department, Government Of Rajasthan, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Lines Phatak, Jaipur 16, Rajasthan.

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3.   Nagar          Parishad       Sri       Ganganagar                Through      Its

Commissioner, Sri Ganganagar, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 6242/2019

1. Tejpal Singh S/o Shri Ishwar Singh, Aged About 45 Years, R/o Ward No. 5 Karni Nagar, V And P Mau, The. Shri Madhopur, Dist. Sikar, Rajasthan.

2. Kaushal Kishor Sharma S/o Shri Mahesh Chand Sharma, Aged About 39 Years, R/o D-537, Malviya Nagar 302017, Jaipur, Rajasthan

3. Vijay Sharma S/o Shri Krishan Kumar Sharma, Aged About 32 Years, R/o F-96, Rampath Shyam Nagar, Jaipur, Rajasthan

4. Imran Khan S/o Shri Sarwar Khan, Aged About 35 Years, R/o 112 Raghunath Puri Jhotwara, Jaipur, Rajasthan.

5. Priyanka Pathak D/o Shri Lalit Kumar Pathak, Aged About 32 Years, R/o House No. 141, Nasiya Colony, Ward No. 17, Gangapur City, Dist. Sawai Madhapur,. Rajasthan.

6. Ramendra Kumar Sharma D/o Shri Dinesh Kumar Sharma, Aged About 35 Years, R/o Near No. 2 School, Chuli Gate, Gangapur City, Dist. Sawai Madahpur, Rajasthan.

7. Manglaram Jat S/o Shri Suvalal Jat, Aged About 53 Years, R/o Village Aamipura, Post Khandel Via Sambar Lake Dist. Jaipur, Rajasthan.

8. Dinesh Kumar Sharma S/o Shri Om Prakash Sharma, Aged About 42 Years, R/o 96, Shriji Nagar, Durgapura, Jaipur 302018, Rajasthan.

9. Mahesh Kumar Gahan S/o Shri Chiranji Lal Gahan, Aged About 43 Years, R/o Near Shishu Mandir School, Ward No. 14, Teh. Udaipurwati, Jhunjhunu. 96, Shriji Nagar, Durgapura, Jaipur 302018, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Principle Secretary Department Of Local Self Government, Secretariat, Jaipur.

2. Director Local Self Government Department, Government Of Rajasthan, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Lines Phatak, Jaipur 16 Rajasthan.

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3. Nagar Parshid, Sikar, Through Its Commissioner, Sikar Rajasthan.

4. Nagar Parshid Tonk, Through Its Commissioner, Tonk Rajasthan.

5. Nagar Parshid Dausa, Through Its Commissioner, Dausa, Rajasthan.

6. Nagar Parshid Jaisalmer, Through Its Commissioner, Jaisalmer, Rajasthan.

7. Nagar Parshid Sawai Madhopur, Through Its Commissioner, Sawai Madhopur, Rajasthan.

8. Nagar Parshid Jhunjhunu, Through Its Commissioner, Jhunjhunu, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 6957/2019

1. Rajesh Kumar Sharma S/o Shri Hari Prasad Sharma, Aged About 39 Years, By Caste- Brahamin, R/o Dhani Dhabali, Post Labana Via Achrol, District- Jaipur.

2. Brij Kishor S/o Shri Nanak Chand, Aged About 39 Years, By Caste- Dholi, R/o Near Ambedkar Circle, Dausa- 303303, Rajasthan.

3. Vikas Samar S/o M.l. Luhar, Aged About 41 Years, By Caste- Lohar, R/o C-21, Akshar Dham Colony, Borkheda, Kota, Rajasthan.

4. Manish Nama S/o Shri Kishore Nama, Aged About 36 Years, By Caste- Chippa (Nama), R/o 2/37, Housing Board Colony, Tonk, Rajasthan.

5. Mahaveer Singh S/o Shri Madan Singh, Aged About 34 Years, By Caste- Charan, R/o A-193, Karni Path, Tara Nagar, Jhotwara, Jaipur, Rajasthan.

6. Nirmal Kumar S/o Shri Sitaram, Aged About 28 Years, By Caste- Jatav, R/o Daru Kutta Mohalla, Gali No. 5, Alwar- 301001

7. Sheel Kant S/o Shri D.k. Sharma, Aged About 32 Years, By Caste- Brahamin, R/o C-213/74A, Janak Puri, New Delhi.

8. Laxmi Narayan S/o Shri Chandra Mohan, Aged About 52 Years, By Caste- Dhanka, R/o 127, Vivek Vihar, New Sanganer Road, Sodala, Jaipur, Rajasthan.

9. Aashish Upadhaye S/o M.l. Sharma, Aged About 27 Years,

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By Caste- Brahamin, R/o 2/183 Near Shiv Mandi,r Nimbark Colony, Vardaman Nagar, Hinduan City, Karauli, Rajasthan-322230.

----Petitioners Versus

1. The State Of Rajasthan, Through The Principal Secretary, Local Self Government, Rajasthan, Having Its Office At G- 3, Rajmahal Residency, Near Civil Line Railway Crossing, Jaipur-302005, Rajasthan.

2. Directorate Of Local Bodies, Rajasthan, Through Its Director Cum Mission Director, Having Its Registered Office At G-3, Rajmahal Residency, Near Civil Line Railway Crossing, Jaipur-302005, Rajasthan.

3. Project Director, Deendayal Antyodaya Yojana- National Urban Livelihood Mission, In Directorate Of Local Bodies, Rajasthan, Having Its Registered Office At G-3, Rajmahal Residency, Near Civil Line Railway Crossing, Jaipur- 302005, Rajasthan.

4. The H.r. Manager, T And M Services Consulting Private Limited, J-35, Krishna Marg, C-Scheme, Jaipur.

----Respondents S.B. Civil Writ Petition No. 7114/2019

1. Divya Upadhyay D/o Shri Brijesh Kumar Upadhyay, Aged About 33 Years, R/o Murti Mohalla, Gangapur City, Sawai Madhopur, Rajasthan.

2. Yash Malhotra S/o Shri Sunil Malhotra, Aged About 27 Years, R/o A-128, Gaytri Nagar-A, Maharani Farm, Durgapura, Jaipur, Rajasthan.

3. Chaitany Sharma S/o Shri Bhagwan Lal Sharma, Aged About 39 Years, R/o Old Nakoda Colony, Baran, Rajasthan.

4. Satya Narayan Nagar S/o Shri Ram Pratap Nagar Sharma, Aged About 41 Years, R/o Jain Colony, Baran Dist. Baran, Rajasthan.

5. Ankit Mathur S/o Shri Banwari Lal Mathur, Aged About 30 Years, Gota Colony, Fateh Sagar Road, Ajmer, Rajasthan.

6. Devendra Singh Ranawat S/o Shri Madan Singh Ranawat, Aged About 36 Years, R/o Naya Rawla, Sanderao, Teh. Sumerpur, Dist. Pali, Rajasthan.

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7. Rajeev Purohit S/o Shri Subhash Purohit, Aged About 37 Years, R/o Behind Old Post Office, Pratap Bazar, Dist. Pali, Rajasthan.

8. Ajay Verma S/o Shri Ashok Verma, Aged About 35 Years, R/o Ward No. 35, Churu, Dist. Churu, Rajasthan.

9. Parikshit Jain D/o Shri Paras Kumar Jain, Aged About 42 Years, R/o 1-H-15, Old Housing Board, Shastri Nagar, Bhilwara, Rajasthan.

10. Mohan Lal S/o Shri Kashi Ram, Aged About 44 Years, R/o Ward No. 22, Naya Bas, Near Sujangarh, Churu, Rajasthan.

11. Surendra Singh S/o Shri Aidan Singh Charan, Aged About 34 Years, R/o Ward No. 5, Near Silampuria, Sardar Sahar, Churu, Rajasthan.

12. Surendra Singh S/o Shri Prahald Singh Tanwar, Aged About 44 Years, R/o New Khunja, Ward No. 4, Behind Pulkit School, Hanumangarh, Rajasthan.

13. Om Prakash Kaswan S/o Shri Shisupal Kaswan, Aged About 35 Years, R/o Ward No. 21, Gandhi Colony, Churu, Rajasthan.

14. Ajay Shekhawat S/o Shri Sajjan Singh, Aged About 31 Years, R/o Ward No. 23, Behind Babosa Murti, Bisau Road, Churu, Rajasthan.

15. Lalit Kumar Lodha S/o Shri Shankar Lal Lodha, Aged About 50 Years, R/o Ramesh Sharma, Bhado Ka Vass, Pangarh Road, Shiv Mandir Road, Barmer, Rajasthan.

16. Vijay Rai Mathur S/o Shri Mukesh Rai, Aged About 35 Years, R/o 17/e/820, Chopasni Housing Board, Jodhpur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Principle Secretary Department Of Local Self Government, Secretariat, Jaipur.

2. Director Local Self Government Department, Government Of Rajasthan, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Lines Phatak, Jaipur 16 Rajasthan.

3. Nagar Parishad Dholpur, Through Its Commissioner, Dholpur, Rajasthan.

4.    Nagar    Parishad           Sawai        Madhopur,              Through     Its



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Commissioner, Sawai Madhopur, Rajasthan.

5. Nagar Parishad Barmer, Through Its Commissioner, Barmer, Rajasthan.

6. Nagar Parishad Baran, Through Its Commissioner, Baran, Rajasthan.

7. Nagar Parishad Churu, Through Its Commissioner, Churu, Rajasthan.

8. Nagar Parishad Bhilwara, Through Its Commissioner, Bhilwara, Rajasthan.

9. Nagar Parishad Hanumangarh, Through Its Commissioner, Hanumangarh, Rajasthan.

10. Nagar Parishad Sriganganagar, Through Its Commissioner, Sriganganagar, Rajasthan.

11. Nagar Parishad Sujangarh, Dist. Churu Through Its Commissioner, Sujangarh, Dist. Churu Rajasthan.

12. Nagar Parishad Jaisalmer, Through Its Commissioner, Jaisalmer, Rajasthan.

13. Nagar Parishad Pali, Through Its Commissioner, Pali, Rajasthan.

14. Director, T And M Services Consulting Pvt. Ltd., T And M House, Kohinoor Complex, A Wing, Next To Maharaja Hotel, Dahisar, Mumbai.

----Respondents S.B. Civil Writ Petition No. 7173/2019 Ashwani Kumar S/o Shri Prahalad Rai Gomlada, Aged About 37 Years, R/o D-79, Pragati Path, Bajaj Nagar, Jaipur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Principle Secretary, Department Of Local Self Government, Secretariat, Jaipur.

2. Director Local Self Government Department, Directorate Of Local Bodies, Jaipur, Government Of Rajasthan, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Lines Phatak, Jaipur 16 Rajasthan.

3. Director, T And M Services Consulting Pvt. Ltd., T And M House, Kohinoor Complex, A Wing, Next To Maharaja Hotel, Dahisar, Mumbai.

                                                                   ----Respondents



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S.B. Civil Writ Petition No. 13324/2019

1. Vikash Dhaka S/o Shri Shiv Lal Dhaka, Aged About 27 Years, R/o- Village- Basni, Post- Bairas, Teh.- Laxmangarh, Distt.- Sikar (Raj.)

2. Mustaq Ali S/o Shri Mohammad Husain, Aged About 31 Years, R/o - Bhudoli, Neem Ka Thana, Distt.- Sikar (Raj.)

3. Pradeep Kumar Meena S/o Shri Mahavir Prasad Meena, Aged About 33 Years, R/o Village Post Dahla, Teh. - Neem Ka Thana, Distt.- Sikar (Raj.)

----Petitioners Versus

1. State Of Rajasthan, Through Principle Secretary, Department Of Local Self Government, Secretariat, Jaipur (Raj.)

2. Director, Local Self Government Department, Government Of Rajasthan Cum State Mission Director, National Urban Livelihood Mission ( Nulm), G-3, Rajmahal Residential Area, C-Scheme, Near Civil Lines Phatak, Jaipur-16 (Raj.)

3. Nagar Palika Through Its Executive Officer, Fatehpur Shekhawati, Distt. Sikar (Raj.)

4. Nagar Palika Through Its Executive Officer, Khandela, Distt. Sikar (Raj.)

5. Nagar Palika Through Its Executive Officer, Lossal, Distt.

Sikar (Raj.)

----Respondents S.B. Civil Writ Petition No. 17292/2019 Ashish Sharma S/o Shri Om Prakash Sharma, Aged About 32 Years, R/o Basant Vihar Colony, Ward No. 19, Jaipur Road, Chomu Distt. Sikar (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Local Self Government, Secretariat, Jaipur (Raj.)

2. Director, Local Self Government Department, Government Of Rajasthan Cum State Mission Director, National Urban Livelihood Mission (Nulm), G-3, Rajmahal Residential Area, C-Scheme, Near Civil Lines Phatak, Jaipur-16 (Raj.)

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3. Nagar Parishad, Through Its Executive Officer, Sikar (Raj.)

----Respondents S.B. Civil Writ Petition No. 17544/2019

1. Manmohan Sharma S/o Shri Deepak Kumar Sharma, Aged About 36 Years, R/o A-10, Ashok Vihar, Behind Babul Paradise Garden, New Sanganer Road, Mansarovar, Jaipur, Rajasthan.

2. Ahmad Tahreen Siddiqui S/o Mohd. Maseean Siddiqui, Aged About 41 Years, R/o Flat No. F1, Ashray Nilay, Govind Vihar, Gandhi Path West, Lalerpura, Jaipur, Rajasthan.

3. Nitin Pareek S/o Shri Mahesh Kumar Pareek, Aged About 34 Years, R/o 19, Krishna Vihar-A, New Saganer Road, Opposite Heerapath, Mansarovar, Jaipur, Rajasthan.

4. Bhanwar Khan S/o Shri Allara Khan, Aged About 46 Years, R/o Khariya, Meethapur, Bilara, Dist. Jodhpur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Local Self Government, Secretariat, Jaipur.

2. Director Local Self Government Department, Directorate Of Local Bodies, Jaipur, Government Of Rajasthan, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Lines Phatak, Jaipur, 16 Rajasthan.

3. Director, T And M Services Consulting Pvt. Ltd. T And M House, Kohinoor Complex, A Wing, Next To Maharaja Hotel, Dahisar, Mumbai.

----Respondents S.B. Civil Writ Petition No. 17575/2019

1. Ghanshyam Bairwa S/o Shri Jangli Ram Bairwa, Aged About 43 Years, R/o Village Islampura, Post Soran, Tehsil And District Tonk, Rajasthan.

2. Sunil Yadav S/o Shri Shvi Ram Yadav, Aged About 34 Years, R/o 29 Ganesh Nagar, Patrakar Colony Road, Mansarovar Jaipur, Rajasthan.

3. Hanuman Sahay Sharma S/o Shri Rameswar Lal Sharma, Aged About 34 Years, R/o Dhani Dhabali, Village Ani, Post Lubana, Via Achrol, Tehsil Amer, Jaipur Rajasthan.

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4. Malini Stanley D/o Shri Stanis Laus Kamal, Aged About 33 Years, R/o 850/26 Near St. Joseph Church Parbathpura, Ajmer, Rajasthan.

5. Navin Kaushik S/o Shri Om Prakash Sharma, Aged About 34 Years, R/o Basant Vihar, Ward No. 19, Near Daulat Shah Baba Ki Dargah, Jaipur Road, Jaipur, Rajasthan.

6. Sohan Lal S/o Shri Heeraram, Aged About 43 Years, R/o V And P Gadra Road, Tehsil Gadra, Dist. Barmer. Rajasthan.

7. Adil Rashid S/o Shri Abu Zafar, Aged About 34 Years, R/o Flat No. F1, Ashray, Govind Vihar, Gandhi Path, Lalarpura, Jaipur, Rajasthan.

8. Obedulla Khan S/o Shri Barkatulla Khan, Aged About 39 Years, R/o House No. 109 Friends Colony, Grameen Police Line, Borkhera, Kota, Rajasthan.

9. Om Singh S/o Shri Madan Singh, Aged About 33 Years, R/o Village Post Chandwas, Tehsil Sojat City, District Pali, Rajasthan.

10. Lata Joshi D/o Narayan Lal Joshi, Aged About 42 Years, R/o Sanchi Group Complex, Gahr Angan, Flat No. , B- Tower, Kaladwas, Udaipur, Rajasthan.

11. Bhanupratap Singh Deora S/o Rajendra Singh Deora, Aged About 26 Years, R/o Village Post Mandwara, District Sirohi, Rajasthan.

12. Ajay Kumar Gupta S/o Shri Pool Chand Gupta, Aged About 40 Years, R/o 20A, Jawahar Colony, Ward No 18, Jhalawar, District Jhalawar, Rajasthan.

13. Ratan Singh Rathore S/o Shri Sumer Singh Rathore, Aged About 32 Years, R/o 27 Hastinapur Colony, Karni Palace Road, Panchyawala, Jaipur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Principle Secretary Department Of Local Self Government, Secretariat, Jaipur.

2. Director Local Self Government Department, Government Of Rajasthan, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Lines Phatak, Jaipur 16 Rajasthan.

3. Nagar Parshid Tonk, Through Its Commissioner, Tonk Rajasthan.

4.    Nagar   Parshid        Jaipur,      Through          Its   Commissioner,



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      Jaipurrajasthan.

5. Nagar Parshid Sirohi, Through Its Commissioner, Sirohi Rajasthan.

6. Nagar Parshid Jalore, Through Its Commissioner, Jalore, Rajasthan.

7. Nagar Parshid Balotara, Through Its Commissioner, Balotra, District Barmer, Rajasthan.

8. Nagar Parshid Bhilwara, Through Its Commissioner, Bhilwara Rajasthan.

9. Nagar Parshid Rajsamand, Through Its Commissioner, Rajsamand Rajasthan.

10. Nagar Parshid Udaipur, Through Its Commissioner, Udaipur, Rajasthan.

11. Nagar Parshid Jhalawar, Through Its Commissioner, Jhalawar, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 17582/2019

1. Rakesh Kumar Choudhary S/o Shri Badri Lal Jat, Aged About 30 Years, R/o Village And Post Khlniya Tehsil Uniara, District Tonk, Rajasthan.

2. Mohit Kumar Sharma S/o Shri Suresh Chandra Sharma, Aged About 24 Years, R/o Near Mandwara Railway Crossing, Shiv Colony, Hindaun City, Karauli, Rajasthan.

3. Sitaram Sharma S/o Shri Mohan Lal Sharma, Aged About 34 Years, R/o Murti Mohalla, Ward No. 40, Gangapur City, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Principle Secretary Department Of Local Self Government, Secretariat, Jaipur.

2. Director Local Self Government Department, Government Of Rajasthan, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Lines Phatak, Jaipur 16 Rajasthan.

3. Nagar Parishad Tonk, Through Its Commissioner, Tonk, Rajasthan.

4. Nagar Parishad Gangapur City, Through Its Commissioner, Gangapur City, Rajasthan.

5. Director, T And M Services Consulting Pvt. Ltd., T And M

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House, Kohinoor Complex, A Wing, Next To Maharaja Hotel, Dahisar, Mumbai.

----Respondents S.B. Civil Writ Petition No. 17913/2019 Ashok Kumar Khatik S/o Shri Devi Lal, Aged About 39 Years, R/o Chabri Chowk, Shanti Nagar, Alanpur, Sawai Madhopur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Principle Secretary Department Of Local Self Government, Secretariat, Jaipur.

2. Director Local Self Government Department, Government Of Rajasthan, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Lines Phatak, Jaipur 16 Rajasthan.

3. Nagar Parishad, Sawai Madhopur, Through Its Commissioner, Sawai Madhopur, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 17959/2019 Dilip Kumar Tiwari S/o Shri Shiv Shankar Tiwari, Aged About 32 Years, R/o 29 Saket Nagar Vistar, Ward No. 19, Near Kanchan City, Jhalawar Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Principle Secretary Department Of Local Selfgovernment, Secretariat, Jaipur.

2. Director Local Self Government Department, Government Of Rajasthan, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Lines Phatak, Jaipur 16 Rajasthan.

3. Nagar Parishad Jhalawar, Through Its Commissioner, Jhalawar, Rajasthan.

4. Director, T And M Services Consulting Pvt. Ltd., T And M House, Kohinoor Complex, A Wing, Next To Maharaja Hotel, Dahisar, Mumbai.

----Respondents S.B. Civil Writ Petition No. 19582/2019

1. Aakanksha Mishra D/o Shri Sitaram Mishra, Shiv Shankar Tiwari, Aged About 32 Years, R/o D-133, Dev Nagar, Murlipura, Jaipur, Rajasthan.

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2. Surendra Bangar S/o Shri Ram Gopal Bangar, Aged About 35 Years, R/o Shiv Mandir Wali Gali, Police Line, Loha Khan, Ajmer. Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Principle Secretary Department Of Local Self Government, Secretariat, Jaipur.

2. Director Local Self Government Department, Government Of Rajasthan, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Lines Phatak, Jaipur 16 Rajasthan.

3. Nagar Nigam Jaipur, Through Its Commissioner, Jaipur, Rajasthan.

4. Nagar Nigam Ajmer, Through Its Commissioner, Ajmer, Rajasthan.

----Respondents S.B. Civil Writ Petition No. 20292/2019 Mukut Bihari Sharma Son Of Shri Laxmi Narayan Sharma, Aged About 31 Years, Resident Of Ganesh Mandir, 21, Sumer Nagar,ajmer Road, Madanganj, Kishangarh, Ajmer (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through The Principle Secretary, Local Self Government Department, Govt. Of Rajasthan, Government Secretariat, Jaipur (Raj.)

2. The Director, Local Self Bodies, Government Of Rajasthan, Residency Road, Jaipur (Raj.)

3. Commissioner, Nagar Parishad Kishangarh, District Ajmer (Raj.)

4. Secretary, Ministry Of Housing And Urban Poverty Alleviation, Secretariat, Delhi Govt. Of India.

5. Commissioner, Nagar Nigam, Ajmer (Raj.)

----Respondents S.B. Civil Writ Petition No. 20381/2019

1. Shiv Pratap Singh Rajawat Son Of Shri Raghuveer Singh Rajawat, Aged About 31 Years, Resident Of 13, Shivaji Nagar, Kampu, Tonk (Raj.)

2. Harsh Vardhan Singh Son Of Shri Vijay Pratap Singh, Aged About 28 Years, Resident Of 73/38, Shipra Path,

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Mansarovar, Jaipur (Raj.)

3. Ashish Malviya Son Of Shri Suresh Kumar Sharma, Aged About 31 Years, Resident Of 104/38, Kumbha Marg, Pratap Nagar, Sector-11, Sanganer, Jaipur (Raj.)

----Petitioners Versus

1. State Of Rajasthan, Through The Principle Secretary, Local Self Government Department, Govt. Of Rajasthan, Government Secretariat, Jaipur (Raj.)

2. The Director, Local Self Bodies, Government Of Rajasthan, Residency Road, Jaipur (Raj.)

3. Commissioner, Nagar Nigam, Bharatpur (Raj.)

4. Commissioner, Nagar Parishad, Banswar (Raj.)

5. Commissioner, Nagar Parishad, Churu (Raj.)

----Respondents S.B. Civil Writ Petition No. 20675/2019 Soman Mendiratta D/o Shri N.k. Mendiratta, Aged About 31 Years, R/o B-10-E, Govind Marg, Adarsh Nagar, Jaipur, Rajasthan

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Department Of Local Self Government, Secretariat, Jaipur.

2. Director Local Self Government Department, Government Of Rajasthan, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Lines Pahtak, Jaipur 16 Rajasthan.

----Respondents S.B. Civil Writ Petition No. 21455/2019

1. Arif Ansari S/o Shri Mobin Ansari, Aged About 43 Years, R/o H. No. 51, Prem Nagar, Purani Chungi, Ajmer Road, Jaipur, Rajasthan.

2. Manish Kumar Sharma S/o Shri Mahaveer Prasad Sharma, Aged About 33 Years, R/o Central Bank Ke Uper Puroshotam Market, Narainpur Tehsil Thanagazi, Dist. Alwar, Rajasthan.

3. Sandeep Joshi S/o Shri Satyanarayan Josh, Aged About 39 Years, R/o A-30 Shreenath Residency Behind Maheshwari Resort, Bundi Road, Kota Rajasthan.

4. Neelam D/o Shri Kalyan Singh, Aged About 27 Years, R/o

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144, Shiv Shakti Vihar, Benar Road, Near Benar Railway Station, Jotwara, Jaipur, Rajasthan.

5. Mohammed Iqbal S/o Shri Mohammed Maqbul Khan, Aged About 48 Years, R/o Ravan Ki Dungri, Luharo Ka Mohalla Bambor Gate, Tonk, Rajasthan.

6. Manish Agarwal S/o Shri Radhe Shyam Agarwal, Aged About 36 Years, R/o S-6, Krishna Marg, Bapu Nagar, Jaipur, Rajasthan.

7. Govind Singh Meena S/o Shri Banarsi Lal, Aged About 42 Years, R/o 23 Krishna Nagar, Vaishali Nagar, Jaipur, Rajasthan.

8. Danish Siddiqui S/o Shri Abdul Latif, Aged About 37 Years, R/o 59 Behind Maharaja Bheem Singhs Haveli, Nala Mohalla Near Devnarayan Temple Dist. Jhalawar, Rajasthan

9. Parveen Sharma S/o Shri Radharaman Sharma, Aged About 47 Years, R/o 4-D-20 Rang Badi Yojana, Kota, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Principle Secretary Department Of Local Self Government, Secretariat, Jaipur.

2. Director Local Self Government Department, Government Of Rajasthan, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Lines Phatak, Jaipur 16 Rajasthan.

3. Nagar Parishad, Hindaun City, Karauli, Rajasthan, Through Its Commissioner.

4. Nagar Nigam Kota, Rajasthan Through Its Commissioner.

5. Nagar Parishad Kishangarh, District Ajmer, Through Its Commissioner.

6. Nagar Parishad Tonk, Rajasthan Through Its Commissioner.

7. Jaipur Nagar Nigam, Through Its Commissioner Jaipur, Rajasthan.

8. Nagar Parishad Karauli, Rajasthan Through Its Commissioner.

9. Nagar Parishad Bundi, Rajasthan Through Its Commissioner.

10. Nagar Parishad Makrana, Nagaur Rajasthan, Through Its

(15 of 30) [CW-6232/2019]

Commissioner.

----Respondents S.B. Civil Writ Petition No. 21482/2019

1. Rakesh Kumar Gurjar S/o Shri Babulal Gurjar, Aged About 22 Years, R/o Village Heensla, Thanagazi, Alwar, Rajasthan.

2. Pramod Kumar Meena S/o Shri Satyanarayan Meena, Aged About 25 Years, R/o Mandri, Thanagazi, District Alwar, Rajasthan.

3. Anup Meena S/o Shri Trilok Chand Meena, Aged About 23 Years, R/o Village Heensla, Thanagazi, Alwar, Rajasthan.

4. Bihari Lal Meena S/o Shri Rameshwar Lal Meena, Aged About 31 Years, R/o Ward No. 10, Srimadhopur, Sikar, Rajasthan.

5. Pankaj Meena S/o Hari Singh Meena, Aged About 25 Years, R/o Mahmadpur, Bebekhar, Bharatpur, Rajasthan.

6. Sayed Mohammed Swaleh S/o Shri Sayed Rahat Husain, Aged About 26 Years, R/o Sadar Gali, Chatikna, District Karouli, Rajasthan

7. Aditya Meena S/o Shri Kailash Chand Meena, Aged About 31 Years, R/o Village Hinsala, Post Saleta, Tehasil Thanagaji, District Alwar, Rajasthan.

8. Rajesh Meena S/o Shri Surajmal Meena, Aged About 28 Years, R/o Ward No-43, Kumharo Ka Mohalla, Prem Nagar_Ii, Udhyogpuri, Kota, Rajasthan.

9. Priyanka Meena D/o Parmanand Meena, Aged About 24 Years, R/o Near Hanuman Temple, House No. 1-A-16, Sanjay Nagar B, Kota, Rajasthan.

10. Manish Kumar Swarnkar S/o Shri Bajrang Lal Swarnkar, Aged About 32 Years, R/o Near Govt. Hospital, Sunar Gali, Ward No. 21, Gangapurcity, District Swaimadhopur, Rajasthan.

11. Dhuli Ram Meena S/o Shri Ram Karen Meena, Aged About 45 Years, R/o Plot No. 198, Ram Nagar Vistar, Sodala, Jaipur, Rajasthan.

12. Vaibhav Meena S/o Shri Mahendra Kumar Meena, Aged About 30 Years, R/o 93 Krishna Nagar, Sirsi Road, Vaishali Nagar, Jaipur, Rajasthan.

13. Alku Devi W/o Shri Sunil Dable, Aged About 27 Years, R/o

(16 of 30) [CW-6232/2019]

Ward No. 14, Rajputo Ka Mohalla, Shahpura, District Jaipur, Rajasthan

14. Sangita Sharma W/o Shri Sachin Kumar Sharma, Aged About 28 Years, R/o Kaila Colony, Dholpur, Rajasthan.

15. Sashikant Tank S/o Shri Bhagwan Das Tank, Aged About 24 Years, R/o Kherli, Tehsil Kathumar, Dist. Alwar, Rajasthan.

16. Meenakshi Mishra D/o Shri Mithilesh Mishra, Aged About 22 Years, R/o Vpo Thanagazi, Tehsil Rajgarh, Dist. Alwar, Rajasthan.

17. Avid Khan S/o Shri Nadim Khan, Aged About 21 Years, R/o Village Bijlehara, Post Bilaspur, Tehsil Tijara, Dist. Alwar, Rajasthan.

18. Samiulla Khan S/o Shri Hamidulla Khan, Aged About 34 Years, R/o Ward No. 17, Kiro Ke Mandir Ke Pas, Karbal, Ladpura, Kota Rajasthan.

19. Vinod Kumar Saini S/o Shri Prakash Chand Saini, Aged About 27 Years, R/o Dhani Guner Ki, Nanu Wali Bawri, Tehsil Ketri, Dist. Jhunjhunu, Rajasthan.

20. Arti Shekhawat D/o Shri Rajendra Singh Shekhawat, Aged About 33 Years, R/o 6-J-25, Mahaveer Nagar Vitar Yojana, Dadabadi, Kota Rajasthan.

21. Lovely Shekhawat D/o Shri Rajendra Singh Shekhawat, Aged About 30 Years, R/o 6-J-25, Mahaveer Nagar Vitar Yojana, Dadabadi, Kota Rajasthan.

22. Namita Shekhawat D/o Shri Rajendra Singh Shekhawat, Aged About 28 Years, R/o 6-J-25, Mahaveer Nagar Vitar Yojana, Dadabadi, Kota Rajasthan.

23. Deepak Dhakad S/o Shri Mantu Ram Dhakad, Aged About 23 Years, R/o Village Gothra, Post Lakhanpur, Tehsil Weir, Bharatpur, Rajasthan.

24. Dilshad Ali S/o Shri Fariyad Ali, Aged About 44 Years, R/o Purani Tehsil Ke Piche Gurunanak Colony, Bundi, Rajasthan.

25. Farzana W/o Shri Arif Hussain, Aged About 27 Years, R/o 3Ra, 23, Gandhi Garha Vigayan Nagar, Kota, Rajasthan.

26. Vishanswarooop S/o Shri Amar Singh, Aged About 22 Years, R/o Nidhera Khurd, Post Nidhera Kalan, Tahsil Saipau, Dist Dholpur, Rajasthan.

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27. Brijesh Sain S/o Shri Rajendra Sain, Aged About 23 Years, R/o Bajrang Basti, Kihorpura, Kota, Rajasthan.

28. Pooja Kumari D/o Shri Chothmal, Aged About 26 Years, R/o House No. 32, Santoshi Nagar, Kota, Rajasthan.

29. Meenakshi Sindel D/o Shri Ramesh Sindel, Aged About 27 Years, R/o House No. 3E-17, Mahaveer Nagar Extension, Kota (Raj.)

----Petitioners Versus

1. State Of Rajasthan, Through Principle Secretary Department Of Local Self Government, Secretariat, Jaipur.

2. Director Local Self Government Department, Government Of Rajasthan, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Lines Phatak, Jaipur 16 Rajasthan.

3. Nagar Palika Karauli, Through Its Commissioner, Karauli, Rajasthan

4. Nagar Palika Reengus, Through Its Commissioner, Sikar, Rajasthan.

5. Nagar Palika Shrimadhopur, Through Its Commissioner, Sikar, Rajasthan

6. Nagar Parishad Udaypurwati, Through Its Commissioner, Jhunjhunu, Rajasthan.

7. Nagar Nigam, Jaipur, Through Its Commissioner, Jaipur, Rajasthan.

8. Nagar Parishad Karouli, Rajasthan Through Its Commissioner

9. Nagar Palika Virat Nagar, District Jaipur, Rajasthan, Through Its Commissioner.

10. Nagar Nigam Kota, Rajasthan Through Its Commissioner.

11. Nagar Palika Shahpur, District Jaipur, Through Commissioner.

12. Nagar Parishad Dholpur, Rajasthan, Through Its Commissioner.

13. Nagar Palika Kherli, Alwar, Rajasthan, Through Its Commissioner.

14. Nagar Palika Rajgarh, Alwar, Rajasthan, Through Its Commissioner.

15.   Nagar   Palika      Tijara,      Alwar,      Rajasthan,        Through    Its



                                          (18 of 30)                   [CW-6232/2019]


       Commissioner.

16. Nagar Nigam Kota, Rajasthan, Through Its Commissioner.

17. Nagar Palika Laxmangarh, Sikar, Rajasthan, Through Its Commissioner.

18. Nagar Palika Itawa, Kota, Rajasthan, Through Its Commissioner.

----Respondents S.B. Civil Writ Petition No. 21603/2019 Yatendra Sharma S/o Nemi Chand, Aged About 38 Years, Resident Of 554 Panchayat Ghar Ke Pass,rupbas,bharatpur (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through Principle Secretary, Local Self Government Department, Govt. Of Rajasthan, Government Secretariat, Jaipur (Raj.)

2. The Director, Local Self Bodies, Government Of Rajasthan, Residency Road, Jaipur (Raj.)

3. Commissoner, Nagar Parisad,dholpur (Rajasthan)

----Respondents S.B. Civil Writ Petition No. 21604/2019 Avadhesh Meena S/o Shree Govind Lal Patel, Aged About 37 Years, By Caste Meena Resident Bhawan Nimoda Bamori Kalan Baran District Baran (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through Principle Secretary, Local Self Government Department, Govt. Of Rajasthan, Government Secretariat, Jaipur (Raj.)

2. The Director, Local Self Bodies, Government Of Rajasthan, Residency Road, Jaipur (Raj.)

3. Commissoner, Nagar Parisad, Baran (Rajasthan)

----Respondents S.B. Civil Writ Petition No. 21618/2019 Dr.monika Soni D/o Pawan Kumar Soni, Aged About 35 Years, By Caste Soni, Resident Of Radha Krishna Mandir Street No.2, Dadwara,kota (Rajasthan).

                                          (19 of 30)                   [CW-6232/2019]


                                                                   ----Petitioner
                                   Versus

1. State Of Rajasthan, Through Principle Secretary, Local Self Government Department, Govt. Of Rajasthan, Government Secretariat, Jaipur (Raj.)

2. The Director, Local Self Bodies, Government Of Rajasthan, Residency Road, Jaipur (Raj.)

3. Commissoner, Nagar Parisad, Bundi (Rajasthan)

----Respondents S.B. Civil Writ Petition No. 21700/2019 Jairam Meena Son Of Shri Panchu Ram Meena, Aged About 48 Years, By Caste Meena, Resident Of Kyara, Suratgarh, District Alwar (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through The Principle Secretary, Local Self Government Department, Govt. Of Rajasthan, Government Secretariat, Jaipur (Raj.)

2. The Director, Local Self Bodies, Government Of Rajasthan, Residency Road, Jaipur (Raj.)

3. Commissioner, Nagar Nigam, Jaipur (Raj.)

----Respondents S.B. Civil Writ Petition No. 21706/2019

1. Jogendra Singh Son Of Shri Patiram, Aged About 32 Years, By Caste Meena, Resident Of Village Hansai, Dholpur (Raj.)

2. Prashant Kumar Son Of Shri Rajkumar Sharma, Aged About 27 Years, Resident Of Opposite Gandhi Park, Roopbas, District Bharatpur (Raj.)

----Petitioners Versus

1. Union Of India, Through Its Secretary, Ministry Of Housing And Urban Poverty Alleviation, Secretariat, Delhi Govt. Of India

2. Principle Secretary, Local Self Government Department, Govt. Of Rajasthan, Government Secretariat, Jaipur (Raj.)

3. The Director, Local Self Bodies, Government Of Rajasthan, Residency Road, Jaipur (Raj.)

(20 of 30) [CW-6232/2019]

4. Commissioner, Nagar Parishad, Dholpur (Raj.)

5. Executive Officer, Nagar Palika Badi, District Dholpur (Raj.)

----Respondents S.B. Civil Writ Petition No. 12/2020 Sourabh Kumar Gupta Son Of Radha Mohan Gupta, Aged About 29 Years, Resident Of Ward No. 19 Basant Vihar Jaipur Road, Chomu, Jaipur Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Principle Secretary, Local Self Government Department, Govt. Of Rajasthan, Government Secretariat, Jaipur (Raj.)

2. The Director, Local Self Bodies, Government Of Rajasthan, Residency Road, Jaipur (Raj.)

3. Commissioner, Nagar Parisad, Beawar, Ajmer (Raj.)

----Respondents S.B. Civil Writ Petition No. 1068/2020 Neeraj Saiwal Son Of Narain Swaroop Saiwal, Aged About 38 Years, Resident Of Lal Kothi,naya Bas,alwar District Alwar (Rajasthan.)

----Petitioner Versus

1. State Of Rajasthan, Through The Principle Secretary, Local Self Government Department, Govt. Of Rajasthan, Government Secretariat, Jaipur (Raj.)

2. The Director, Local Self Bodies, Government Of Rajasthan, Residency Road, Jaipur (Raj.)

3. Commissioner, Nagar Parisad, Beawar, Ajmer(Raj.)

----Respondents S.B. Civil Writ Petition No. 1085/2020

1. Prahlad Singh Rawat Son Of Shri Poonam Singh, Aged About 27 Years, Resident Of Lodha Colony,asarava Colony,ward No.36, Udaipur Road, Beawar, Ajmer Rajasthan.

2. Ashok Kumar Sen Son Of Shri Rampal Sen, Aged About 26 Years, Resident Of Manoharpura, Bhilwara (Raj.)

(21 of 30) [CW-6232/2019]

3. Taruna Sharma Daughter Of Surya Prakash Sharma, Aged About 28 Years, Resident Of Mishro Ka Mohalla, Choti Basti, Phuskar Rural,ajmer Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Principle Secretary, Local Self Government Department, Govt. Of Rajasthan, Government Secretariat, Jaipur (Raj.)

2. The Director, Local Self Bodies, Government Of Rajasthan, Residency Road, Jaipur (Raj.)

3. Commissioner, Nagar Parisad, Beawar (Raj.)

4. Executive Officer, Nagar Palika Sarwad, Ajmer, District Ajmer (Raj.)

5. Executive Officer, Nagar Palika Phuskar, Ajmer, District Ajmer (Raj.)

----Respondents S.B. Civil Writ Petition No. 1086/2020

1. Mayaram Gurjar Son Of Banwari Lal, Aged About 24 Years, Resident Of Sundarpura, Jhotwara, Jaipur Rajasthan.

2. Govind Mali Son Of Bhag Chand Mali, Aged About 27 Years, Resident Of 1-C-22 Kanchan Villa Housing, Board Colony Gulabpura, Bhilwara (Raj.)

----Petitioners Versus

1. State Of Rajasthan, Through Principle Secretary, Local Self Government Department, Govt. Of Rajasthan, Government Secretariat, Jaipur (Raj.)

2. The Director, Local Self Bodies, Government Of Rajasthan, Residency Road, Jaipur (Raj.)

3. Executive Officer, Nagar Palika, Nashirabad, Ajmer (Raj.)

4. Executive Officer, Nagar Palika Vijaynagar Ajmer,(Raj)

----Respondents S.B. Civil Writ Petition No. 2149/2020

1. Pawan Sharma Son Of Gopal Krishn Sharma, Aged About 36 Years, Resident Of Plot No. 87 Karshni Sudama Kutir,tilak Nagar Senthi, Chittorgarh Rajasthan.

2. Mukesh Meena Son Of Shyam Swarup, Aged About 23

(22 of 30) [CW-6232/2019]

Years, Resident Of Ward No.10,malliyo Ka Mohalla, Kawalda, Kota (Raj.)

----Petitioners Versus

1. State Of Rajasthan, Through Principle Secretary, Local Self Government Department, Govt. Of Rajasthan, Government Secretariat, Jaipur (Raj.)

2. The Director, Local Self Bodies, Government Of Rajasthan, Residency Road, Jaipur (Raj.)

3. Executive Officer, Nagar Palika, Asind, Bhilwara (Raj.)

4. Executive Officer, Nagar Palika, Chhabra Baran (Raj)

----Respondents S.B. Civil Writ Petition No. 234/2021 Pooja Jindal D/o Rajesh Kumar Jindal, Aged About 28 Years, Resident Of Krishna Nand Bazaar, Near By Old Nagar Palika Badrinath Bazaar, Gangapur City, District Sawai Madhopur (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through Principle Secretary, Local Self Government Department, Govt. Of Rajasthan, Government Secretariat, Jaipur (Raj.)

2. The Director, Local Self Bodies, Government Of Rajasthan, Residency Road, Jaipur (Raj.)

3. Commissioner, Nagar Parishad, Bundi (Rajasthan)

----Respondents

For Petitioner(s) : Mr. Saurabh Tiwari Mr. Himanshu Jain Mr. Ankit Bishnoi Mr. Vinod Kumar Gupta Mr. Rajesh Sharma For Respondent(s) : Mr. Anil Mehta, AAG assisted by Mr. Mehul Harkawat Ms. Archana Mr. Yashodhar Pandey Mr. Abhishek Paliwal Mr. Bhanu Pratap Saini Mr. Rahul Sharma on behalf of Mr. Rajneesh Gupta Mr. Brij Kishore Sharma

(23 of 30) [CW-6232/2019]

Ms. Nitika Sud Mr. Ritwick Dave Mr. Shyogi Ram Sharma Mr. Shyogi Ram, Adv. on behalf of Mr. Lokesh Sharma

HON'BLE MR. JUSTICE INDERJEET SINGH

Reportable Order

06/04/2022

1. Since identical questions of facts and law are involved in

these petitions, therefore with consent of the parties, these writ

petitions have been heard finally and are being decided by the

present order.

2. On the request made by the parties, the facts have been

noticed from S.B. Civil Writ Petition No.6232/2019 and the prayer

made therein reads as under:-

"It is, therefore, humbly and most respectfully prayed that your lordships may very graciously be pleased to admit and allow this Civil Writ Petition and further;

i. By issuing appropriate writ order or direction, Respondents may be restrained from terminating the services of the petitioners from the post in question and they may further be restrained from replacing the petitioners from another set of contractual employees in DAY-NULUM scheme till the currency of the project. ii. By issuing appropriate writ order or direction, the respondents may be directed to strictly adhere with the operational guidelines issued by the government of India in respect of DAY-NULM project and accordingly respondents may be directed to extend the benefits as mentioned in the operation guidelines.

iii. By issuing appropriate writ order or direction, the order dated 08.03.2019 may be quashed and set aside and respondents may be directed to engage the petitioners directly on the post in question. iv. That any other order or direction as this Hon'ble High Court may deem fair, just and

(24 of 30) [CW-6232/2019]

proper in the facts and circumstances of the case may be passed in favour of the Petitioner."

3. Brief facts of the case are that the Government of India

introduced a scheme namely DEENDAYALANTYODAYAYOJNA-

NATIONAL URBAN LIVELIHOOD MISSION (DAY-NULM)

(hereinafter to be referred as the "Scheme") for the purpose of

reducing poverty & vulnerability of the urban poor households by

enabling them to get the gainful self employment and skilled wage

employment opportunities, ultimately resulting in appreciable

improvement in their livelihoods on sustainable basis through

building grass route level institutions of the poor by tendering

process. The scheme started in the year 2014-2015 and has been

decided to be funded 60% by the Central Government and 40%

by the State Government. Implementing the said scheme in the

State of Rajasthan, the respondents invited bids from the

placement agencies to provide manpower of various posts. In the

case of the petitioners, the placement agency namely T & M

Services Consulting Private Limited Mumbai (hereinafter to be

referred as the "placement agency") was engaged by the

respondents for providing manpower at the State Level as well as

at the District Level. The said placement agency issued the

advertisement for hiring the persons on various posts i.e. State

Manager, District Manager and Community Organizer, on contract

basis. The petitioners pursuant to the advertisement issued by the

placement agency applied for appointment on the respective posts

and after consideration, the petitioners were given offer of

appointment on the respective posts by the placement agency.

Initially, the process was started in the year 2015 and the

petitioners were engaged on contract basis on the respective posts

(25 of 30) [CW-6232/2019]

by the placement agency initially for a period of one year and their

term on contract basis was extended further from time to time. It

has also come on record that taking into consideration the

achievement of 100% of targets allocated under the said scheme,

the term of said placement agency was accordingly extended by

the State Government, thereafter the term of said placement

agency was ultimately terminated on 15.06.2019. After the

termination, a new tender was floated in which the placement

agency namely B.S.A. Corporation, Pune was selected, which

entered into a contract with the State Government for the purpose

of providing manpower on various posts. Thus, a perusal of the

factual matrix shows that the State Government entered into a

contract with the placement agency for manpower and the

placement agency invited applications for appointment on various

posts on contract basis and after consideration, the persons like

the petitioners were given appointment, as such it is clear that the

petitioners' appointments was contractual, made by the placement

agency, their salary/remuneration was also paid by the placement

agency and therefore the petitioners are not either contractual or

regular employees of the State Government in any manner.

4. These writ petitions have been filed by the petitioners

claiming themselves to be the employees of the State Government

and have prayed for providing them regular pay-scale and salary

of the post directly from the State Government and not from the

placement agency and have also claimed regularisation.

5. Counsel for the petitioners submitted that the petitioners

although have been engaged through placement agency but in

fact they are employees of the State Government. Counsel further

submits that their term was extended by the placement agency on

(26 of 30) [CW-6232/2019]

the recommendations of the State Government. Counsel further

submits that the scheme in question is still continuing but the

respondents in an arbitrary manner want to terminate their

services. Counsel further submits that in other States, the persons

have been directly appointed on contract basis by the State

Government and not through the placement agency, therefore, the

action of the respondents in terminating services of the petitioners

is violative of principles of natural justice. Counsel further submits

that the respondents have not paid due salary to the petitioners

and even in some of the cases, the respondents have orally

terminated their services. Counsel further submits that their salary

has already been reduced by the respondents without any

justifiable reason. Counsel further submits that the State

Government has enacted Rajasthan Contractual Hiring to Civil

Posts Rules, 2022 (hereinafter to be referred as the "Rules of

2022") vide notification dated 11.01.2022. Counsel further

submits that the respondents have also issued the order dated

31.03.2022 with regard to implementation of the Rules of 2022.

6. In support of the contentions, counsel for the petitioners

relied upon the judgment passed by the Hon'ble Supreme Court in

the matter of Mohd. Abdul Kadir & Anr. Vs. Director General

of Police, Assam & Ors. reported in (2009) 6 SCC 611.

7. Mr. Anil Mehta, AAG opposed the writ petitions and submitted

that there is no direct relationship of employee and employer

between the petitioners and the respondent-State. He further

submits that admittedly there is no privity of contract, as the

contract was entered between the placement agency and the

petitioners. He further submits that the scheme has been

sponsored by the Central Government and the petitioners have

(27 of 30) [CW-6232/2019]

failed to implead any of the concerned official of the Central

Government as party-respondent in the writ petitions. Counsel

further submits that during pendency of the writ petitions, number

of posts have been reduced and certain were abolished. Counsel

further submits that the Rules of 2022 framed by the State

Government provides for appointment of the persons on contract

basis directly by the State Government and as per Rule 5 of the

Rules of 2022, if the respondents fail to engage the persons on

contract basis then the applications have to be invited through

public advertisement, which is not the situation here as in the

present matter no public advertisement has been issued by the

State Government, rather the petitioners were appointed by the

placement agency, as such the Rules of 2022 are not at all

applicable in the case of the petitioners as they are not the

contractual employees of the State Government and lastly prayed

for dismissal of the writ petitions.

8. In support of the contentions, counsel for the respondents

relied upon the judgment passed by the Coordinate Bench of this

court in the matter of Rohitash Verma & Ors. Vs. State of

Rajasthan & Ors. (S.B. Civil Writ Petition No.3540/2020)

and other connected petitions, decided on 24.11.2021.

9. Counsel further relied upon the judgment passed by the

Division Bench of this court in the matter of Prahlad Sahai &

Ors. Vs. Employees State Insurance Corporation & Anr.

(D.B. Civil Writ Petition No.14618/2020) decided on

07.07.2021.

10. Reliance was also placed upon the judgment passed by the

Division Bench of this court in the matter of Khemraj Mali & Ors.

(28 of 30) [CW-6232/2019]

Vs. State of Rajasthan & Ors. (D.B. Civil Special Appeal

(Writ) No.652/2021 decided on 05.08.2021.

11. Heard counsel for the parties and perused the record.

12. The Hon'ble Supreme Court in the matter of K.K. Suresh &

Anr. Vs. Food Corporation of India & Ors. reported in (2018)

17 Supreme Court Cases 641 in para No.7, has held as under:-

"In the first place, the Appellants failed to adduce any evidence to prove existence of any relationship between them and the FCI; Second, when the documents on record showed that the Appellants were appointed by the FCI Head Load Workers Co-Operative Society but not by the FCI then obviously the remedy of the Appellants, if at all, in relation to their any service dispute was against the said Society being their employer but not against the FCI; Third, the FCI was able to prove with the aid of evidence that the Appellants were in the employment of the said Society whereas the Appellants were not able to prove with the aid of any documents that they were appointed by the FCI and how and on what basis they claimed to be in the employment of the FCI except to make an averment in the writ petitions in that behalf. It was, in our opinion, not sufficient to grant any relief to the Appellants."

13. The Division Bench of this court in the matter of Rakesh

Kumar & Ors. Vs. State of Rajasthan & Ors. (D.B. Special

Appeal Writ No.1040/2021 and other connected appeals,

decided on 20.12.2021) has held as under:-

"This quite apart, there was clear agreement between the Government and the service provider which was essentially for providing the workforce for implementing the scheme. The entire responsibility of providing the workforce was on the service provider. The agreement clearly envisaged that upon completion of the tenure of the contract the workforce provided by the service provider would be withdrawn. In clear

(29 of 30) [CW-6232/2019]

terms thus there was no privity of contract between Government and the petitioners. This is not a case of engagement of the employees by the Government on contractual basis. The contract was between the Government and the service provider and if at all it may be an understanding between the service provider and the petitioners. In any case, the engagement cannot be seen as engagement of the petitioners by the Government on contractual basis. Any other view would make the task of the service provider wholly redundant and would also amount to overriding the agreement between the Government and the service provider. The general principle therefore that one set of contractual employees cannot be replaced by the another set of contractual employees as long as the work lasts cannot be applied in the present case.

In the result all the appeals are dismissed. Pending applications if any also stand disposed of."

14. Admittedly, there is no relationship of employee and

employer between the petitioners and the respondents as the offer

of appointment was given to the petitioners by the placement

agency and the salary/remuneration was also paid to the

petitioners by the placement agency. Initially, the contract was for

a period of one year and the term of petitioners' services was

further extended from time to time by the placement agency. The

Rules of 2022 referred by the counsel for the petitioners relate to

the persons appointed by the State Government on contract basis

through public advertisement and admittedly the petitioners were

not engaged as contractual employees directly by the State

Government rather were appointed by the placement agency, as

such the Rules of 2022 are not at all applicable in the case of the

petitioners.

(30 of 30) [CW-6232/2019]

15. In view of the above discussion, these writ petitions filed by

the petitioners deserve to be dismissed for the reasons; firstly, the

petitioners have failed to establish their relationship of employee

and employer with the respondent-State and only narration in the

petition cannot be considered to be a justifiable ground to grant

the relief prayed for, unless it is supported by cogent evidence on

record as has been held by the Hon'ble Supreme Court in the

matter of K.K. Suresh (supra); secondly, as per own version of

the petitioners, they were appointment by the placement agency

but failed to implead the placement agency as party respondent in

the writ petitions; thirdly, the salary/remuneration was also paid

to the petitioners by the placement agency and not by the State

Government; and lastly claim of the petitioners for regularisation

in the State cannot be approved by this court as the petitioners

were never appointed by the State Government against

sanctioned post on regular basis, rather, as already observed

above they were appointed by the placement agency; therefore, in

the facts and circumstances, the petitioners have completely failed

to make out a case against the respondents, as such I am not

inclined to exercise the jurisdiction of this court under Article 226

of the Constitution of India.

16. As a result of the aforesaid discussion, these writ petitions

fail and are hereby dismissed. A copy of the order be placed in

each connected file.

(INDERJEET SINGH),J

JYOTI /13-42

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