Ashok Kumar S/O Shri Khem Chand vs The State Of Rajasthan
2022 Latest Caselaw 2622 Raj/2

Citation : 2022 Latest Caselaw 2622 Raj/2
Judgement Date : 29 March, 2022

Rajasthan High Court

Ashok Kumar S/O Shri Khem Chand vs The State Of Rajasthan on 29 March, 2022

Bench: Inderjeet Singh

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 13849/2021

Ashok Kumar S/o Shri Khem Chand, Aged About 37 Years, R/o
73/253,    Tagore      Lane,       Shipra       Path,       Mansarovar,     Jaipur,
Rajasthan.
                                                                     ----Petitioner
                                     Versus
1.     The State Of Rajasthan, Through Principal Secretary Of
       Health Secretariat, Jaipur, Rajasthan.
2.     The Superintendent Of Chikitsa, Sawai Mansing Hospital,
       Jaipur.
3.     M/s    Ascent       Computer          Technology,          D-224,   Tanwar
       Residency, F.no. B-9, Opp. Chinkara Canteen, Tulsi Marg,
       Banipark, Jaipur.
                                                                  ----Respondents

For Petitioner(s) : Mr. Sanjay Bharati For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

29/03/2022

Instant writ petition has been filed by the petitioner with the

following prayers:-

"It is, therefore, most humbly prayed that this Hon'ble Court would be pleased to accept and allow this writ petition and further:-

(i) By an appropriate writ order or direction in the interest of justice with a direction to the respondents to release all the salary pending and arrears the month of May, 2019 to July, 2020 of petitioner, to the petitioner along with the interest @ 12% per annum.

(ii) By an appropriate writ, order or direction any other, just appropriate, equitable and suitable relied to which

(2 of 3) [CW-13849/2021]

the petitioner is found entitled to may also kindly be granted in his favour.

(iii) Cost of the writ petition may kindly be awarded in favour of the humble petitioner."

Admittedly, the petitioner has been appointed by M/s Ascent

Computer Technology,-respondent No.3 and there is no

relationship of employee and employer between the petitioner

and the State Government.

Counsel for the petitioner relied upon the judgment passed

by the Hon'ble Supreme Court in the matter of Avatar Singh Vs.

Union of India & Ors., reported in (2016) 8 SCC 471.

Heard counsel for the petitioner and perused the record.

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."

(3 of 3) [CW-13849/2021]

Admittedly, the petitioner is an employee of respondent

No.3 and there is no contract of service between the petitioner

and the State Government, therefore, no relief can be granted to

the petitioner against the State Government.