Rajasthan High Court - Jodhpur
State Of Rajasthan vs Hameer Nath Siddh on 12 January, 2022
Bench: Akil Kureshi, Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 718/2021
1. State Of Rajasthan, Through The Secretary, Department
Of Home, Government Of Rajasthan, Secretariat, Jaipur,
Rajasthan.
2. The Director General Of Police, Police Headquarter, Jaipur,
Rajasthan.
3. The Inspector General Of Police, (Recruitment)
Headquarter, Jaipur, Rajasthan.
4. The Commandant, 10Th Battalion, R.a.c. (I.r.) Bikaner,
District Bikaner, Rajasthan.
5. The Superintendent Of Police, Bikaner, District Bikaner,
Rajasthan.
----Appellants
Versus
1. Hameer Nath Siddh S/o Shri Roopnath Siddh, Aged About
23 Years, R/o 676-Rd, Ward No. 6, Tehsil Pungal, District
Bikaner, Rajasthan.
2. Vikee Kumar S/o Shri Shyam Lal, Aged About 31 Years,
R/o Village Bass Bharind, Post Bewad, Tehsil Rajgarh,
District Churu, Rajasthan.
3. Rakesh Kumar Meena S/o Shri Jai Narayan Meena, Aged
About 27 Years, R/o Village Shrinagar, Post Patan, Tehsil
Bassi, District Jaipur, Rajasthan.
----Respondents
For Appellant(s) : Mr. Manish Vyas, AAG
through V.C.
For Respondent(s) : Mr. Kailash Jangid.
through V.C.
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MS. JUSTICE REKHA BORANA
Order
12/01/2022
This appeal arises out of the common judgment of the
learned Single Judge dated 19.03.2021 by which the bunch of writ
petitions came to be disposed of. The State has filed appeal being
Special Appeal Writ No. 515/2021 in the case of Piyush Patidar,
(2 of 2) [SAW-718/2021]
whose writ petition was also decided by the same judgment. The
State appeal was disposed of by the Division Bench by order dated
04.01.2022 in the following terms:
"There is no denial that the requirement of police
force is to engage the persons who are physically fit in
all respects. It is essentially for this reason that the
learned Single Judge has permitted the State
authorities to assign any other duties to the
petitioners while protecting them against termination.
The learned Additional Advocate General, however,
submitted that the recruitment process for such other
posts is separate. He may be correct in such
contention. Nevertheless, in the peculiar
circumstances and situation which arises on account of
error on the part of the State Government,
administrative adjustment for meeting with the ends
of justice shall have to be made. Surely, there are
large number of posts even in the police department,
which are of clerical and other cadres must be vacant.
At this stage, the learned Additional Advocate General
drew attention to the direction issued by the learned
Single Judge to give alternative post commensurate
with the status and educational qualification of the
petitioners. Learned counsel for the original petitioners
clarified that as long as their pay is protected, they
would work on any post. In view of this clarification,
the direction of the learned Single Judge stands
modified. We are informed that by virtue of stay of the
judgment of the learned Single Judge, the services of
the petitioners were once again terminated. Such
termination shall stand recalled. However, it is clarified
that for the intervening period, during which the
petitioners did not discharge any duties, they would
not be entitled to any pay.
Subject to above, the appeal is disposed of."
This appeal is also therefore disposed of along the same lines
with necessary modifications applicable to the respondents herein.
The connected applications, if any, stand disposed of.
(REKHA BORANA),J (AKIL KURESHI),CJ
4-jayesh/-
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