Mukesh Kumar Son Of Shri Har Chand ... vs Shri Sumit Sharma, I.A.S. ...
2022 Latest Caselaw 3084 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Contempt Petition No. 719/2021
                                           In
                  S.B. Civil Writ Petition No.525/2007
Mukesh Kumar Son Of Shri Har Chand Ram, Aged About 41
Years, R/o Village Sheel Ganva Post Basni Tehsil Mandawar,
District Alwar.
                                                                       ----Petitioner
                                       Versus
1.     Shri Sumit Sharma, I.A.S. Secretary To Government,
       Social         Justice       And         Empowerment            Department,
       Government Of Rajasthan, Secretariate, Bhagwan Das
       Road, Jaipur.
2.     Shri       O    P    Bunkar,         Director,       Social    Justice   And
       Empowerment Department, Ambedkar Bhawan, G -3/1,
       Rajmahal Residency Area, Behind Rajmahal Palace, Jaipur.
       302005
3.     The State Of Rajasthan, Through Secretary To The
       Government, Social Welfare Department, Government Of
       Rajasthan, Jaipur.
                                                                    ----Respondents

For Petitioner(s)            :     Mr. R.C. Joshi
                                   Ms. Namita Parihar
For Respondent(s)            :     Mr. Chiranji Lal Saini, AAG


          HON'BLE MR. JUSTICE BIRENDRA KUMAR

                                        Order
12/04/2022

     Heard the parties.

The contempt-petitioner had filed S.B. Civil Writ Petition

No.525/2007 for direction to respondents to regularize the

services of the petitioner w.e.f. 01.04.1997. The writ application

was disposed of on 12.02.2021 with direction to respondents to

consider the case of the petitioner as directed earlier in order

(2 of 2) [CCP-719/2021]

dated 20.09.2006 passed in Writ Petition No.3433/1997 and to

give consequential benefit to the petitioner. The exercise was to be

completed within two months.

This contempt petition was filed alleging that the aforesaid

order of the Writ Court has not been complied by the respondents.

Respondents have come-up with an order dated 08.03.2022

issued by the Director-cum-Joint Secretary, Department of Social

Justice, Government of Rajasthan, whereby services of the

petitioner have been regularized from 01.04.1997 as a regular

Class-IV employee in the referred pay-scale.

Learned counsel for the petitioner submits that still the order

of Writ Court has not been fully complied as consequential benefits

after regularization had not been paid to the petitioner.

Learned counsel for the respondents submits that since the

benefit would be given from the date of regularization in view of

the judgment of Hon'ble Supreme Court in the case of State of

Rajasthan & ors. v. Jagdish Narain Chaturvedi (Civil Appeal

No.3620/2009), decided on 08.05.2009 and since the order of

Writ Court has substantially been complied, there is no reason

that respondents would not give financial benefits of regularization

to the petitioner according to law.

The petitioner may file representation before the authority

concerned, if the authority does not decide the issue of

consequential benefits within two months from today; thereafter

petitioner would be at liberty to seek remedy according to law.

With the aforesaid observation, contempt petition stands

disposed of.

(BIRENDRA KUMAR),J

Hemant/73

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