Chief Secretery, Public Health ... vs Vijay Mehra
2022 Latest Caselaw 12871 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15583/2022

1. Chief Secretary, Public Health And Engineering Department, Rajasthan Government, Secretariat, Jaipur.

2. Chief Engineer (Admin), Public Health And Engineering Department, Jakab Road, Jaipur.

3. The Superintending Engineer, Phed, Jaipur (Raj.)

----Petitioners Versus

1. Vijay Mehra S/o Shri Lal Singh Ji, Presently Working As Junior Engineer In Phed Department, R/o Ramsahay Colony, Backside Of Radhe Mandir, Pratapnagar, Chittorgarh.

2. Additional Chief Secretary, Finance Department, Rajasthan Government, Secretariat, Jaipur.

----Respondents

For Petitioner(s) : Mr. Pankaj Sharma, AAG with Mr. Dhariyaditya Rathore.

For Respondent(s)          :     Mr. D.S. Sodha.



            HON'BLE MR. JUSTICE ARUN BHANSALI

                                      Order

02/11/2022

This writ petition has been filed by the petitioners aggrieved

against the judgment dated 09.09.2021 passed by the Rajasthan

Civil Services Appellate Tribunal, Jaipur ('Appellate Tribunal').

The Appellate Tribunal by its judgment dated 09.09.2021,

inter alia, directed as under:-

"9. We therefore, deed it fit to direct the department to treat the continuous service rendered by the appellant from the date when he was appointed, as regular service. His services are therefore regularized from the date of appointment. Once his services stand on the footing of regular service, the benefits of ACP, promotion and seniority will automatically follow."

(2 of 2) [CW-15583/2022]

Learned counsel for the parties submit that during pendency

of the present writ petition by orders dated 22.7.2022 (Annex.4)

& order dated 29.7.2022 produced for perusal of the Court today,

the order dated 09.09.2021 has been implemented by the

respondents with slight variation, whereby, instead of regularizing

respondent's services from the date of appointment, the same

have been regularized w.e.f. year 2009, regarding which, the

respondent has no objection.

Submissions have been made that the petition filed by the

petitioners be disposed of in light of the orders dated 22.7.2022

(Annex.4) & 29.7.2022 (produced today) passed by the

petitioners and the judgment dated 09.09.2021 be ordered to be

modified accordingly.

In view of the submissions made by learned counsel for the

parties, the petition filed by the petitioners is disposed of in light

of orders dated 22.7.2022 (Annex.4) & 29.7.2022 (produced

today) passed by the petitioners. The order dated 09.09.2021

passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur in

Appeal No.270/2021 shall stand modified in terms of orders dated

22.7.2022 (Annex.4) & 29.7.2022 passed by the petitioners.

(ARUN BHANSALI),J 58-Rmathur/-

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