Sukha Ram Meghwal vs State Of Raj. And Anr
2022 Latest Caselaw 1159 Raj

                                            (1 of 3)                 [CW-1222/2013]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Writ Petition No. 1222/2013

Sukha Ram Meghwal
                                                                     ----Petitioner
                                      Versus
State Of Raj. And Anr.
                                                                   ----Respondent


For Petitioner(s)           :     Ms. Varsha Bissa, on VC
For Respondent(s)           :     Mr. Rajesh Choudhary, on VC



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                       Order

25/01/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, the lawyers have been advised

to refrain from coming to the Courts.

     The petitioner has preferred this writ petition claiming for the

following reliefs:-


      "(i) By an appropriate writ, order or direction, the order dated
      07.01.2013 cancelling the allotment being made in favour of the
      petitioner, may kindly be declared illegal and be quashed and
      set aside.
      (ii) By an appropriate writ, order or direction, the respondents
      may kindly be directed to re-allot the quarter no.157 in the
      name of the petitioner.
      (iii) By an appropriate writ, order or direction, the respondents
      may kindly be ensured that the compliance of the judgment of
      High Court is done within a time bound framework and he shall
      be again given the allotment."




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                                            (2 of 3)                     [CW-1222/2013]


       Counsel for the petitioner has drawn attention of this Court

to Annex.2, which is dated 17.07.2009, whereby the petitioner

who is at Sr. No.28, his services has been regularized with effect

from    the   date   of   his    appointment           i.e.       07.12.2007.   Thus,

admittedly the petitioner is a Government Servant as declared in

order dated 17.07.2009 w.e.f. 07.12.2007.

       The Scheme of JDA, which is "Pandit Deendayal Upadhyay

Nagar" at Basni Tamboliya was launched on 13.08.2008 and the

petitioner applied under the           said Scheme on 26.08.2008.                The

petitioner has also deposited the amount on 16.11.2009, as

required to be paid under the Scheme and accordingly Quarter

No.157 at Basni Tamboliya was issued to him but later the same

was cancelled vide order dated 07.01.2013.

       Counsel for the respondent submits that Annex.2 was not

brought on record by the petitioner earlier and, thus, he opposed

the writ petition.

       This Court on seeing the fact that the petitioner's services

have been regularized as Class-IV employee w.e.f. 07.12.2007

and the Scheme itself is of 2008, which brings the petitioner

within the purview of allotment, is inclined to allow this writ

petition.

       Accordingly, the writ petition is allowed. The order dated

07.01.2013 cancelling the allotment of quarter made in favour of

the petitioner is quashed and set aside. The allotment order dated

09.11.2009 whereby quarter no.157 was allotted to the petitioner

shall regain currency.




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                                                                            (3 of 3)               [CW-1222/2013]


                                         The possession of said quarter be handed-over to the

                                   petitioner within a period of three months from today.


                                                                (DR.PUSHPENDRA SINGH BHATI),J.

48-Sanjay/-

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