Rajasthan High Court
Rakesh Meena S/O Shri Bhagwan ... vs State Of Rajasthan on 27 August, 2022
Bench: Manindra Mohan Shrivastava, Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal (Writ) No.1017/2022
In
S.B. Civil Writ Petition No.3384/2019
1. Rakesh Meena S/o Shri Bhagwan Sahai Meena, Aged
About 34 Years, Resident Of 492, Laxmi City, Luniyawas,
Presently Working As A Driver In Jaipur Development
Authority, Jaipur (Raj.)
2. Rajesh Singh S/o Shri Mansingh Rajput, Aged About 47
Years, Resident Of 31, Jai Karni Lok Gopalpura, Jhotwara,
Jaipur (Raj.) At Present Working As Driver/guard Jaipur
Development Authority, Jaipur (Raj.)
3. Heeralal Gurjar S/o Gujaram Gurjar, Aged About 31
Years, Resident Of 8/282, Malviya Nagar, Jaipur (Raj.)
Presently Working As A Driver/guard In Jaipur
Development Authority, Jaipur (Raj.)
4. Virendra Singh S/o Shri Munshi Singh, Aged About 36
Years, R/o 162, Green Park Extension, Jhotwara Jaipur
(Raj.) At Present Working As Driver/guard In Jaipur
Development Authority, Jaipur (Raj.)
5. Chhutan Singh Gurjar S/o Shri Samya Singh Gurjar, Aged
About 29 Years, Resident Of 38, Ganesh Nagar, D-34,
Moti Doongri Road, Jaipur (Raj.) At Present Working As
Driver/guard Jaipur Development Authority, Jaipur (Raj.)
6. Jayant Sharma S/o Shri Gajanand Sharma, Aged About
30 Years, R/o 416, Dayanand Nagar, Phase-I, Jhalana
Doongri, Jaipur (Raj.) At Present Working As Driver/guard
Jaipur Development Authority, Jaipur (Raj.)
7. Dhirendra Choudhary S/o Shri Vimal Choudhary, Aged
About 39 Years, R/o 3/7, Ots Campus, Jln Marg, Jaipur At
Present Working As Driver/guard Jaipur Development
Authority, Jaipur (Raj.)
8. Girraj Prasad Saini S/o Ramesh Chand Saini, Aged About
42 Years, R/o 51, Krishna Vihar, Gopalpura, Jaipur (Raj.)
At Present Working As Driver/guard Jaipur Development
Authority, Jaipur (Raj.)
9. Samadar Singh S/o Shri Sant Bax Singh Rajput, Aged
About 50 Years, R/o Shiv Colony, Jhotwara, Jaipur (Raj.)
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At Present Working As Driver/guard Jaipur Development
Authority, Jaipur (Raj.)
10. Pradhan Singh S/o Shri Subhash Gurjar, Aged About 25
Years, R/o 42, Ganesh Nagar, Jaipur (Raj.) Driver/guard
Jaipur Development Authority, Jaipur (Raj.)
11. Ramavtar Pareek S/o Shri Murlidhar Pareek, Aged About
30 Years, R/o 73-B, Laxmi Nagar, Jhotwara, Jaipur (Raj.)
At Present Working Driver/guard Jaipur Development
Authority, Jaipur (Raj.)
12. Deen Dayal Verma S/o Shri Nandram Verma, Aged About
31 Years, R/o Nevta, Tehsil Sanganer, District Jaipur
(Raj.) At Present Working As Driver/guard Jaipur
Development Authority, Jaipur (Raj.)
13. Gulab Singh Chouhan S/o Shri Hari Singh Chauhan, Aged
About 29 Years, R/o Nayla, District Jaipur (Raj.) At
Present Working As Driver/guard Jaipur Development
Authority, Jaipur (Raj.)
----Appellants
Versus
1. State Of Rajasthan, Through Additional Chief Secretary,
Urban Development And Housing Department,
Government Of Rajasthan, Rajasthan Secretariat, Jaipur
(Raj.)
2. Commissioner, Jaipur Development Authority, Jln Marg,
Jaipur (Raj.)
3. Secretary, Jaipur Development Authority, J.l.n. Marg,
Jaipur (Raj.)
4. Administrative Secretary, Department Of Personnel,
Government Of Rajasthan, Jaipur (Raj.)
5. Jagdish Raika S/o Shri Sugnaram, Aged About 35 Years,
R/o A-56, Sirsi, Nayda Sirsi, Jaipur (Raj.) At Present
Working As Driver/guard Jaipur Development Authority,
Jaipur (Raj.)
----Respondents
For Appellant(s) : Mr. Yogesh Kumar Sharma, Advocate
for Mr. Ashok Kumar Bhargava,
Advocate
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HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
27/08/2022
Heard.
The appeal arises out of order dated 16.08.2022 passed by
the Ld. Single Judge whereby the petition has been dismissed.
Learned Single Judge has held that appellants are engaged
by placement agency and there is no exist of any relationship of
master and servant between the appellant and the State on the
other hand.
For this purpose Ld. Single Judge has relied upon judgments
of the Supreme Court in the case of Rajasthan State Road
Development and Construction Corporation Ltd. Versus
Piyush Kant Sharma reported in 2020 SCC ONLINE SC 842
and K.K. Suresh & Another Versus Food Corporation of India
& Others reported in 2018 (17) SCC 641, therefore, no case is
made out for interference.
The appeal is accordingly dismissed.
(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
Karan/7
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