Citation : 2022 Latest Caselaw 13932 Raj
Judgement Date : 28 November, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6525/2022 Dhulji Patidar S/o Shri Hengji Patidar, Aged About 44 Years, R/o Village Nai Abadi, Patel Wada, Tehsil Sagwada, District Dungarpur (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, Local Self Government, Government Of Rajasthan, Jaipur.
3. The Municipal Board, Sagwara, District Dungarpur, Through Its Executive Officer.
----Respondents Connected With S.B. Civil Writ Petition No. 7934/2022 Chirag Swarnkar S/o Dilip Swarnkar, Aged About 25 Years, Ward No. 4, B Block, 254, Sonia Chok, Punarwas Colony, Sagwara Tehsil Sagwara, District Dungarpur, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, Local Self Government, Government Of Rajasthan, Jaipur.
3. The Municipal Board, Sagwara, District Dungarpur, Through Its Executive Officer.
----Respondents S.B. Civil Writ Petition No. 7974/2022 Mahendra Kumar Kalasua S/o Ramji Kalasua, Aged About 31 Years, Buchiya Bada, Sagwara Tehsil Sagwara, District Dungarpur, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Its Secretary, Local, Self Department, Government Of Rajasthan, Secretariat, Jaipur.
(2 of 4)
2. The Director, Local Self Government, Government Of Rajasthan, Jaipur.
3. The Municipal Board Sagwara, District Dungarpur, Through Its Executive Officer.
----Respondents S.B. Civil Writ Petition No. 7978/2022 Dhawal Suthar S/o Shantilal Suthar, Aged About 28 Years, Sutharwara, Sagwara, Tehsil Sagwara, District Dungarpur, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, Local Self Department, Government Of Rajasthan, Jaipur.
3. The Municipal Board, Sagwara, District Dungarpur, Through Its Executive Officer.
----Respondents S.B. Civil Writ Petition No. 7995/2022 Shanti Lal Makwana S/o Mavji Makwana, Aged About 52 Years, Bhawani Mata Colony, Sagwara Tehsil Sagwara, District Dungarpur, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, Local Self Government, Government Of Rajasthan, Jaipur.
3. The Municipal Board Sagwara, District Dungarpur, Through Its Executive Officer.
----Respondents S.B. Civil Writ Petition No. 9097/2022 Bhagwan Lal Yadav S/o Jivaji Yadav, Aged About 32 Years, Yadav Mohalla, Gamathwara, Tehsil Sagwara, District Dungarpur (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Local Self Department, Government Of Rajasthan, Secretariat,
(3 of 4)
Jaipur.
2. The Director, Local Self Government, Government Of Rajasthan, Jaipur.
3. The Municipal Council, Sagwara Through Its Executive Officer.
----Respondents S.B. Civil Writ Petition No. 9891/2022 Daulat Ram S/o Shri Momanram, Aged About 39 Years, By Caste Jat, R/o Ward No. 4, Near Hanuman Temple, Malakas, Tehsil Bhadra, District Hanumangarh (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, Local Self Government, Government Of Rajasthan, Jaipur.
3. The Municipal Board, Bhadra, District Hanumangarh, Through Its Executive Officer.
----Respondents
For Petitioner(s) : Mr. Pankaj Mehta.
Mr. Devki Nandan Vyas.
Ms. Mehali Mehta.
For Respondent(s) : Mr. Rajesh Parihar.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
28/11/2022
It is submitted by learned counsel for the petitioners that the
issue raised by the petitioners in the present writ petitions is
squarely covered by judgment in the case of Jitendra Kumar Tailor
v. The State of Rajasthan & Ors. : S.B. Civil Writ Petition
No.1952/2019, decided on 06.07.2020, which in turn had relied
on order in the case of Roshan Lal Saini v. State & Ors. : S.B. Civil
Writ Petition No.18056/2015, decided on 09.03.2017.
(4 of 4)
In the case of Jitendra Kumar Tailor (supra), a coordinate
Bench of this Court inter alia directed as under:
"In this view of the matter, I deem it just and appropriate to dispose of this writ petition with a direction to the State Govt. to decide the matter at the earliest to facilitate issuance of requisite order of regularization of petitioner's services, strictly in accordance with law. The requisite exercise be undertaken by the State Govt. at the earliest, preferably within a period of four weeks from the date presentation of this order."
Learned counsel for the respondents, is not in a position to
dispute the fact that the issue raised in the present writ petitions
is covered by judgment in the case of Jitendra Kumar Tailor
(supra).
In view of the above fact situation, the writ petitions filed by
the petitioners are disposed of, in light of and with similar
directions as given in the case of Jitendra Kumar Tailor (supra).
The order has been passed based on the submissions made
in the petitions, the respondents would be free to examine the
veracity of the submissions made in the petitions and only in case,
the averments made therein are found to be correct, the
petitioners would be entitled to the relief.
(ARUN BHANSALI),J 69-75-pradeep/-
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