Jitendra Kumar Sharma vs State Of Raj And Ors
2022 Latest Caselaw 2710 Raj/2

Citation : 2022 Latest Caselaw 2710 Raj/2
Judgement Date : 31 March, 2022

Rajasthan High Court

Jitendra Kumar Sharma vs State Of Raj And Ors on 31 March, 2022

Bench: Anoop Kumar Dhand

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 7782/2017

Jitendra Kumar Sharma S/o Late Shri Bake Lal Ji, Resident Of
251/14, Patel Nagar, Maholi Road, Mathura, Uttar Pradesh.
                                                                     ----Petitioner
                                   Versus
1.     State Of Rajasthan Through Secretary, Department Of
       Devasthan, Government Of Rajasthan, Jaipur.
2.     The     Commissioner,            Department              Of    Devasthan,
       Government Of Rajasthan, Udaipur.
3.     The Assistant Commissioner, Department Of Devasthan,
       Vrindavan, U.p.
                                                                ----Respondents

Connected With S.B. Civil Writ Petition No. 7783/2017 Virendra Singh S/o Sh. Fateh Singh Ji, Resident Of Jaipur Mandir, Mathura Road, Vrindavan, Uttar Pradesh.

----Petitioner Versus

1. State Of Rajasthan Through Secretary, Department Of Devasthan, Government Of Rajasthan, Jaipur.

2. The Commissioner, Department Of Devasthan, Government Of Rajasthan, Udaipur.

3. The Assistant Commissioner, Department Of Devasthan, Vrindavan, U.P.

----Respondents

For Petitioner(s) : Mr. Suresh Pareek for Mr. NC Sharma For Respondent(s) : Mr. Shailesh Sharma, AGC

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

31/03/2022

(2 of 3) [CW-7782/2017]

Since, both these petitions are having identical issues,

therefore, both are heard and decided by this common order.

Learned counsel for the petitioner submits that the issue

involved in these petitions has already been decided by the co-

ordinate Bench of this Court in the case of Sham Lal Vs. State of

Rajasthan & Ors. in SB Civil Writ Petition No.3644/2005 decided

by the Principal Seat, on 15.05.2017 by observing thus:-

"Learned counsel for the petitioner submits that the controversy involved in the instant writ petition stands concluded by decision of this Court in Smt. Kanchan Devi Vs. State of Rajasthan S.B. Civil Writ Petition NO.473/93 decided on 5.1.2000. The decision of the learned Single Judge has been affirmed by a Division Bench while dismissing the appeal filed by the State vide judgment dated 4.9.2001 in State of Rajasthan Vs. Smt. Kanchan Devi D.B. Civil Special Appeal (Writ) No.403/2001, against which the State preferred a special leave petition before Hon'ble Supreme Court which came to be that thereafter the State filed a review petition before the Hon'ble Supreme Court which also came to be dismissed vide Annex.12. Thus, the order of the learned Single Judge has attained finality.

The facts stated by the learned counsel for the petitioner have not been disputed by learned Deputy Government Advocate appearing for the respondent State. In this view of the matter, the writ petition deserves to be allowed in terms of the decision of this Court in Kanchan Devi Vs. State of Rajasthan, S.B.Civil Writ Petition NO.473/93 decided on 5.1.2000.

Accordingly, the writ petition is allowed. It is declared that the Rajasthan Subordinate Offices Ministerial Staff Rules, 1957 did apply to the services of the petitioner and he is entitled to be considered for regularisation under Rule 25 (10) of the Ministerial Staff Rules, 1956. It is further directed that the respondents shall consider and decide the case of the petitioner for regularisation within a period of three months from the date of production of certified copy of this order and shall give him benefits which will accrue to him after regularisation of his services by the authority concerned. There shall be no order as to costs."

                                                                                  (3 of 3)                    [CW-7782/2017]



                                         Counsel     for     the     petitioner        further          submits   that   the

respondents assailed the aforesaid order dated 15.05.2017 before

the Division Bench by way of filing Special Appeal Writ No.759 of

2007 and the same was also dismissed on 25.07.2011. Against

which the respondents-State submitted Special Leave to Appeal

(civil) CC No.6920/12 and the same was also dismissed by the

Hon'ble Supreme Court vide order dated 27.04.2012. Learned

counsel further submits that directions may kindly be issued in the

instant matter.

Learned counsel for the respondents opposed the

submissions made by counsel for the petitioner, but he is not in a

position to controvert the settled position of law decided in the

case of Sham Lal (supra).

In view of the matter, this petition is disposed of in the light

of the order passed in the case of Sham Lal (supra) and the

respondents are directed to comply with the directions issued by

this Court within a period of two months from the date of receipt

of certified copy of this order.