Khemraj Mali S/O Shri Rodulaal ... vs State Of Rajasthan
2022 Latest Caselaw 7488 Raj/2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 4999/2021

1. Khemraj Mali S/o Shri Rodulaal Mali, Aged About 35 Years, R/o Todaraisingh, District Tonk, At Present Posted As Lab Chemist At Wtp (Surajpura).

2. Madan Lal Verma S/o Shri Arjun Lal Verma, Aged About 42 Years, R/o Todaraisingh, District Tonk, At Present Posted As Filter Operator At Wtp(Surajpura).

3. Pushpendra Sharma S/o Shri Radheshyam Sharma, Aged About 35 Years, R/o Kanwrawas, District Tonk, At Present Posted As As Filter Operator At Wtp(Surajpura).

4. Omprakash Tailor S/o Shri Manprasand Tailor, Aged About 37 Years, R/o Bhasu, District Tonk, At Present Posted As Supervisor At Wtp (Surajpura).

5. Kuldeep Singh S/o Shri Govind Singh, Aged About 32 Years, R/o Utarna, District Tonk, At Present Posted As Lab Chemist At Wtp (Surajpura).

6. Satpal Suwalka S/o Shri Ramprasad Kalal, Aged About 32 Years, R/o Baghera, District Ajmer, At Present Posted As Lab Chemist At Wtp (Surajpura).

7. Babu Lal Saini S/o Shri Ramswaroop Saini, Aged About 34 Years, R/o Todaraisingh, District Tonk, At Present Posted As Chemical Operator At Wtp (Surajpura).

8. Shravan Lal Saini S/o Shri Nandram Mali, Aged About 34 Years, R/o Bhasu, District Tonk, At Present Posted As Chemical Operator At Wtp (Surajpura).

9. Ramesh Chand Mali S/o Shri Gulab Chand Mali, Aged About 45 Years, R/o Bassi, District Tonk, At Present Posted As Chemical Operator At Wtp (Surajpura).

10. Hemant Panchal S/o Shri Dinesh Kumar Panchal, Aged About 34 Years, R/o Todaraisingh, District Tonk, At Present Posted As Chlorine Operator At Wtp (Surajpura).

11. Banwari Lal Mali S/o Shri Jagdish Prasad Mali, Aged About 32 Years, R/o Bhasu, District Tonk, At Present Posted As Chlorine Operator At Wtp (Surajpura).

12. Rajesh Kumar Saini s/o Shri Maangilal Saini, Aged About 38 Years, R/o Todaraisingh, District Tonk, At Present Posted As Chlorine Operator At Wtp (Surajpura).

(D.B. SAW/557/2021 and 1 more have been filed in this matter. Please refer the same for further orders)

(2 of 13) [CW-4999/2021]

13. Pradeep Sharma S/o Shri Maanprakash Sharma, Aged About 29 Years, R/o Todaraisingh, District Tonk, At Present Posted As Chlorine Operator At Wtp (Surajpura).

14. Mukesh Daroga S/o Shri Jagdish Daroga, Aged About 33 Years, R/o Bhasu, District Tonk, At Present Posted As Thickener Operator At Wtp (Surajpura).

15. Shankar Lal Saini S/o Dharmraj Saini, Aged About 34 Years, R/o Todaraisingh, District Tonk, At Present Posted As Thickener Operator At Wtp (Surajpura).

16. Vikram Singh Daroga S/o Shri Ladu Singh, Aged About 28 Years, R/o Bhasu, District Tonk, At Present Posted As Thickener Operator At Wtp (Surajpura).

17. Shishupal Dhakkad S/o Shri Laduram Dhakkad, Aged About 34 Years, R/o Lakshmipura, District Tonk, At Present Posted As Fitter Operator At Wtp (Surajpura).

18. Gopal Vaishnav S/o Shri Dashrath Kishor, Aged About 35 Years, R/o Todaraisingh, District Tonk, At Present Posted As Mechanical At Wtp (Surajpura).

19. Sitaram Mali (A) S/o Shri Durgalal Mali, Aged About 34 Years, R/o Todaraisingh, District Tonk, At Present Posted As Filter Operator At Wtp (Surajpura).

20. Rakesh Saini S/o Shri Ramniwas Saini, Aged About 34 Years, R/o Bassi, District Tonk, At Present Posted As Filter Operator At Wtp (Surajpura).

21. Hukum Chand Mali S/o Shri Laabh Chand Mali, Aged About 36 Years, R/o Bassi, District Tonk, At Present Posted As Filter Operator At Wtp (Surajpura).

22. Suresh Kumar Mali S/o Shri Sampatt Mali, Aged About 35 Years, R/o Bassi, District Tonk, At Present Posted As Filter Operator At Wtp (Surajpura).

23. Ramphul Mali S/o Shri Ambalal Mali, Aged About 33 Years, R/o Bassi, District Tonk, At Present Posted As Filter Operator At Wtp (Surajpura).

24. Naval Kishore Nama S/o Shri Kailash Chand Nama, Aged About 30 Years, R/o Bhasu, District Tonk, At Present Posted As Filter Operator At Wtp (Surajpura).

25. Omprakash Mali S/o Shri Babu Lal Mali, Aged About 38 Years, R/o Bhasu, District Tonk, At Present Posted As Filter Operator At Wtp (Surajpura).

26. Sitaram Mali (B) S/o Shri Bhuralal Mali, Aged About 42

(D.B. SAW/557/2021 and 1 more have been filed in this matter. Please refer the same for further orders)

(3 of 13) [CW-4999/2021]

Years, R/o Bassi, District Tonk, At Present Posted As Filter Operator At Wtp (Surajpura).

27. Rajendra Kumar Saini S/o Shri Narayan Saini, Aged About 47 Years, R/o Todaraisingh,district Tonk, At Present Posted As Lab Boy At Wtp (Surajpura).

28. Mukesh Kumar S/o Shri Bansi Lal, Aged About 45 Years, R/o Todaraisingh,district Tonk, At Present Posted As Sweeper At Wtp (Surajpura).

29. Mukut Bihari Pareek S/o Shri Jagdish Prasad Pareek, Aged About 35 Years, R/o Kali Dungri, District Tonk, At Present Posted As Electrician At Wtp (Surajpura)

30. Teekaram Sahu S/o Shri Abhay Kumar Sahu, Aged About 42 Years, R/o District Tonk, At Present Posted As Mason At Wtp (Surajpura).

31. Shankar Lal Mali S/o Shri Bhanwar Lal Ji, Aged About 38 Years, R/o Bassi, District Tonk, At Present Posted As Mechanical Helper At Wtp (Surajpura).

32. Mukesh Kumar Saini S/o Shri Baluram Saini, Aged About 35 Years, R/o Todaraisingh, District Tonk, At Present Posted As Mechanical Helper At Wtp (Surajpura).

33. Ramrai Mali S/o Shri Narayan Mali, Aged About 35 Years, R/o Todaraisingh, District Tonk, At Present Posted As Mechanical Helper At Wtp (Surajpura).

34. Badri Lal Gurjar S/o Shri Dhanna Lal Gurjar, Aged About 36 Years, R/o Todaraisingh, District Tonk, At Present Posted As Store Keeper At Wtp (Surajpura).

35. Mahavir Prasad Mali S/o Shri Ramniwas Mali, Aged About 40 Years, R/o Todaraisingh, District Tonk, At Present Posted As Plumber At Wtp (Surajpura).

36. Shivram Gurjar S/o Shri Uddaram Gurjar, Aged About 40 Years, R/o Laadpura, District Tonk, At Present Posted As Mason Helper At Wtp (Surajpura).

37. Dwarka Prasad Verma S/o Shri Bhura Lal Verma, Aged About 42 Years, R/o Thadoli, District Tonk, At Present Posted As Mechanical Helper At Wtp (Surajpura).

38. Bhanwar Lal Gurjar S/o Shri Ramkunwar Gurjar, Aged About 42 Years, R/o Pradhan Nagar, District Tonk, At Present Posted As Helper At Wtp (Surajpura).

39. Rajkumar Meena S/o Shri Ramdev Meena, Aged About 35 Years, R/o Laadpura, District Tonk, At Present Posted As

(D.B. SAW/557/2021 and 1 more have been filed in this matter. Please refer the same for further orders)

(4 of 13) [CW-4999/2021]

Office Boy At Wtp (Surajpura).

40. Premchand Mali S/o Shri Ramnarayan, Aged About 40 Years, R/o Ojhapura, District Tonk, At Present Posted As Helper At Wtp (Surajpura).

41. Mhd. Saleem Ansari S/o Shri Mhd. Shafeeq, Aged About 36 Years, R/o Todaraisingh, District Tonk, At Present Posted As Gardner At Wtp (Surajpura).

42. Mukesh Kumar Gurjar S/o Shri Shayoji Lal Gurjar, Aged About 34 Years, R/o Pradhan Nagar, District Tonk, At Present Posted As Mechanical Helper At Wtp (Surajpura)

43. Yogesh Kumar Pareek S/o Shri Govind Narayan Pareek, Aged About 40 Years, R/o Todaraisingh, District Tonk, At Present Posted As Webbridge Operator At Wtp (Surajpura).

44. Rajaram Gurjar S/o Shri Ghasi Lal Gurjar, Aged About 35 Years, R/o Pradhan Nagar, District Tonk, At Present Posted As Cook At Wtp (Surajpura).

45. Suresh Kumar Meena S/o Shri Ramprasad Meena, Aged About 36 Years, R/o Laadpura, District Tonk, At Present Posted As Helper At Wtp (Surajpura).

46. Rajulal Meena S/o Shri Ramkaran Meena, Aged About 34 Years, R/o Shambhu Nagar, District Tonk, At Present Posted As Mechanical Helper At Wtp (Surajpura).

47. Ramesh Chand Sharma S/o Shri Ramkaran Sharma, Aged About 40 Years, R/o Khareda, District Tonk, At Present Posted As Gardner At Wtp (Surajpura).

48. Suresh Kumar Saini S/o Shri Gokul Mali, Aged About 33 Years, R/o Todaraisingh, District Tonk, At Present Posted As Office Boy At Wtp (Surajpura).

49. Ashok Kumar Saini S/o Shri Rajendra Kumar, Aged About 23 Years, R/o Todaraisingh, District Tonk, At Present Posted As Pulsator Operator At Wtp (Surajpura).

50. Satyanarayan Saini S/o Shri Ramswaroop, Aged About 34 Years, R/o Chandsen, District Tonk, At Present Posted As Line Patrolling At Wtp (Surajpura).

51. Devraj Gurjar S/o Shri Udhaaram Gurjar, Aged About 34 Years, R/o Pradhan Nagar, District Tonk, At Present Posted As Operator At Wtp (Surajpura).

52. Mahendra Pratap Singh S/o Shri Bhagwati Charan Singh, Aged About 32 Years, R/o Todaraisingh, District Tonk, At

(D.B. SAW/557/2021 and 1 more have been filed in this matter. Please refer the same for further orders)

(5 of 13) [CW-4999/2021]

Present Posted As Chlorine Operator At Wtp (Surajpura).

53. Satyanarayan Bareth S/o Shri Bhanwarlal Bareth, Aged About 45 Years, R/o Laadpura, District Tonk, At Present Posted As Store Keeper At Wtp (Surajpura).

54. Surendra Singh S/o Shri Phool Singh, Aged About 30 Years, R/o Bhasu, District Tonk, At Present Posted As Mechanical Helper At Wtp (Surajpura).

55. Rajendra Kumar Saini S/o Shri Motilal, Aged About 33 Years, R/o Todaraisingh, District Tonk, At Present Posted As Electrician At Wtp (Surajpura).

56. Shakti Singh S/o Shri Narpat Singh, Aged About 34 Years, R/o Panchmukhi Thadoli, District Tonk, At Present Posted As Mechanical Helper At Wtp (Surajpura).

57. Durga Singh S/o Shri Raghuraj Singh, Aged About 35 Years, R/o Panchmukhi Thadoli, District Tonk, At Present Posted As Filter Operator At Wtp (Surajpura).

58. Shaitan Singh Meena S/o Shri Ramniwas Meena, Aged About 33 Years, R/o Shambhu Nagar Thadoli, District Tonk, At Present Posted As Electrician At Wtp (Surajpura).

59. Indraraj Gurjar S/o Shri Atmaram Gurjar, Aged About 32 Years, R/o Todaraisingh, District Tonk, At Present Posted As Pulsator Operatorat Wtp (Surajpura).

60. Mukesh Gurjar S/o Shri Ramlal Gurjar, Aged About 30 Years, R/o Todaraisingh, District Tonk, At Present Posted As Electrician At Wtp (Surajpura).

61. Virendra Singh S/o Shri Bhopal Singh, Aged About 34 Years, R/o Ratwai, District Tonk, At Present Posted As Filter Operator At Wtp (Surajpura).

62. Kamlesh Kumar Mali S/o Shri Gordhan Lal, Aged About 28 Years, R/o Todaraisingh, District Tonk, At Present Posted As Electrician At Wtp (Surajpura).

63. Lokesh Sahu S/o Shri Kailash Chand Sahu, Aged About 28 Years, R/o Todaraisingh, District Tonk, At Present Posted As Electrician At Wtp (Surajpura).

64. Ramdhan Mali S/o Shri Ramniwas, Aged About 34 Years, R/o Todaraisingh, District Tonk, At Present Posted As Gardner At Wtp (Surajpura).

65. Kanhaiya Lal Sahu S/o Shri Kailash Chand, Aged About 35 Years, R/o Todaraisingh, District Tonk, At Present Posted As Mechnical Helper At Wtp (Surajpura).

(D.B. SAW/557/2021 and 1 more have been filed in this matter. Please refer the same for further orders)

(6 of 13) [CW-4999/2021]

66. Shokeena Mali S/o Shri Kaluram Mali, Aged About 27 Years, R/o Khaal Ka Dhaba, Todaraisingh, District Tonk, At Present Posted As Electrician At Wtp (Surajpura).

67. Devendra Kumawat S/o Shri Radheshayam Kumawat, Aged About 31 Years, R/o Todaraisingh, District Tonk, At Present Posted As Mechanical Helper At Wtp (Surajpura).

68. Hukumchand Saini S/o Shri Babulal Saini, Aged About 26 Years, R/o Todaraisingh, District Tonk, At Present Posted As Electrician At Wtp (Surajpura).

69. Meghraj Mali S/o Shri Phoolchand Mali, Aged About 31 Years, R/o Todaraisingh, District Tonk, At Present Posted As Gardner At Wtp (Surajpura).

70. Gopal Lal Purvia S/o Shri Shyoraj Purvia, Aged About 38 Years, R/o Ban Ka Kheda, District Tonk, At Present Posted As Chlorine Helper At Wtp (Surajpura).

71. Ramesh Saini S/o Shri Bodulal Saini, Aged About 35 Years, R/o Todaraisingh, District Tonk, At Present Posted As Gardner At Wtp (Surajpura).

72. Manoj Saini S/o Shri Ramesh Saini, Aged About 27 Years, R/o Todaraisingh, District Tonk, At Present Posted As Electricals Operator At Wtp (Surajpura).

73. Hemant Kumar Saini S/o Shri Ramesh Chand, Aged About 24 Years, R/o Bassi, District Tonk, At Present Posted As C.p. Operator At Wtp (Surajpura).

74. Prabhu Lal Saini S/o Shri Jagdish Lal, Aged About 34 Years, R/o Bassi, District Tonk, At Present Posted As C.p. Operator At Wtp (Surajpura).

75. Durga Lal Gurjar S/o Shri Mulchand Gurjar, Aged About 40 Years, R/o Sandala, District Tonk, At Present Posted As Gardner At Wtp (Surajpura).

76. Teenu Kumar Vaishnav S/o Shri Durgalal Vaishnav, Aged About 33 Years, R/o Nasirada, District Tonk, At Present Posted As C.p.operator At Wtp (Surajpura).

77. Akhil Soni S/o Shri Sanwariyan Soni, Aged About 32 Years, R/o Todaraisingh, District Tonk, At Present Posted As C.p.operator At Wtp (Surajpura).

78. Rajaram Varma S/o Shri Chhitarlal Varma, Aged About 36 Years, R/o Pradhan Nagar, District Tonk, At Present Posted As Pump Operator At Wtp (Surajpura).

79. Labhchand Varma S/o Shri Chotu Ram, Aged About 38

(D.B. SAW/557/2021 and 1 more have been filed in this matter. Please refer the same for further orders)

(7 of 13) [CW-4999/2021]

Years, R/o Thadoli, District Tonk, At Present Posted As Pump Operator At Wtp (Surajpura).

80. Jairaj Singh S/o Shri Ram Singh, Aged About 28 Years, R/o Shambhu Nagar Thadoli , District Tonk, At Present Posted As Pump Operator At Wtp (Surajpura).

81. Hansraj Gurjar S/o Shri Shayoji Gurjar, Aged About 36 Years, R/o Pradhan Nagar Thadoli, District Tonk, At Present Posted As Pump Operator At Wtp (Surajpura).

82. Shayoji Lal Varma S/o Shri Chittarmal, Aged About 42 Years, R/o Thadoli, District Tonk, At Present Posted As Pump Operator At Wtp (Surajpura).

83. Sukhlal Balai S/o Shri Ramdev, Aged About 40 Years, R/o Laadpura Thadoli, District Tonk, At Present Posted As Pump Operator At Wtp (Surajpura).

84. Shankar Singh S/o Shri Gopal Singh, Aged About 40 Years, R/o Hamirpur, District Tonk, At Present Posted As Pump Operator At Wtp (Surajpura).

85. Radheshayam Mali S/o Shri Kesar Lal Mali, Aged About 36 Years, R/o Khaal Ka Dhaba,todaraisingh, District Tonk, At Present Posted As Pump Operator At Wtp (Surajpura).

86. Puranmal Verma S/o Shri Banshilal, Aged About 38 Years, R/o Thadoli, District Tonk, At Present Posted As Pump Operator At Wtp (Surajpura).

87. Kamlesh Kumar Mali S/o Shri Ramnarayan Mali, Aged About 29 Years, R/o Bhasu, District Tonk, At Present Posted As Electricals Operator At Wtp (Surajpura).

88. Meghraj Meena S/o Shri Laduram Meena, Aged About 32 Years, R/o Thadoli, District Tonk, At Present Posted As Pump Operator At Wtp (Surajpura).

89. Satyanarayan S/o Shri Gopal Lal, Aged About 34 Years, R/o Thadoli, District Tonk, At Present Posted As Pump Operator At Intek (Bisalpur).

90. Lakshman Verma S/o Shri Kanharam Verma, Aged About 37 Years, R/o Bhasu, District Tonk, At Present Posted As Pump Operator At Intek (Bisalpur).

91. Kuldeep Tiwari S/o Shri Ramesh Chand, Aged About 27 Years, R/o Todaraisingh, District Tonk, At Present Posted As Electrician At Intek (Bisalpur).

92. Mukesh Baraith S/o Shri Gopal Lal, Aged About 35 Years, R/o Bisalpur, District Tonk, At Present Posted As Pump

(D.B. SAW/557/2021 and 1 more have been filed in this matter. Please refer the same for further orders)

(8 of 13) [CW-4999/2021]

Operator At Intek (Bisalpur).

93. Kajod Gurjar S/o Shri Pokhar Gurjar, Aged About 38 Years, R/o Thadoli, District Tonk, At Present Posted As Pump Operator At Intek (Bisalpur).

94. Prahlad Verma S/o Shri Somnath Verma, Aged About 40 Years, R/o Thadoli, District Tonk, At Present Posted As Electrical Operator At Intek (Bisalpur).

95. Gajendra Singh S/o Shivraj Singh, Aged About 38 Years, R/o Shambhu Nagar Thadoli, District Tonk, At Present Posted As Pump Operator At Intek (Bisalpur).

96. Virendra Singh S/o Shri Raghuraj Singh, Aged About 36 Years, R/o Bhasu, District Tonk, At Present Posted As Pump Operator At Intek (Bisalpur).

97. Gopal Dhakad S/o Shri Jagdish Dhakar, Aged About 38 Years, R/o Balapura, District Tonk, At Present Posted As Fitter Operator At Intek (Bisalpur).

98. Kuldeep Kumawat S/o Shri Suvalal Kumawat, Aged About 32 Years, R/o Todaraisingh, District Tonk, At Present Posted As Electrician At Intek (Bisalpur).

99. Kishan Singh S/o Shri Raghuraj Singh, Aged About 38 Years, R/o Shambhu Nagar Thadoli, District Tonk, At Present Posted As Security Supervisor At Wtp (Surajpura).

100. Ramesh Gurjar S/o Shri Gopilal Gurjar, Aged About 38 Years, R/o Laadpura Thadoli, District Tonk, At Present Posted As Security Supervisor At Wtp (Surajpura).

101. Nandram Meena S/o Shri Gangaram Meena, Aged About 44 Years, R/o Panwad, District Tonk, At Present Posted As Gun Man At Wtp (Surajpura).

102. Papuram Gurjar S/o Shri Gopilal Gurjar, Aged About 33 Years, R/o Laadpura, District Tonk, At Present Posted As Security Guard At Wtp (Surajpura).

103. Ishwar Lal Meena S/o Shri Laal Meena, Aged About 32 Years, R/o Thadoli, District Tonk, At Present Posted As Security Guard At Wtp (Surajpura).

104. Ramsingh Nathwat S/o Shri Vijay Singh, Aged About 44 Years, R/o Shambhu Nagar Thadoli, District Tonk, At Present Posted As Security Guard At Wtp (Surajpura).

105. Lalaram Meena S/o Shri Sugnaram Meena, Aged About 50 Years, R/o Laadpura Thadoli, District Tonk, At Present

(D.B. SAW/557/2021 and 1 more have been filed in this matter. Please refer the same for further orders)

(9 of 13) [CW-4999/2021]

Posted As Security Guard At Wtp (Surajpura).

106. Hemraj Meena S/o Shri Laduram Meena, Aged About 38 Years, R/o Laadpura Thadoli, District Tonk, At Present Posted As Security Guard At Wtp (Surajpura).

107. Prabhulal Gurjar S/o Shri Sukhlal Gurjar, Aged About 35 Years, R/o Pradhan Nagar Thadoli, District Tonk, At Present Posted As Security Guard At Wtp (Surajpura).

108. Roopnarayan Baraith S/o Shri Bhanwarla Baraith, Aged About 50 Years, R/o Laadpura Thadoli, District Tonk, At Present Posted As Security Guard At Wtp (Surajpura).

109. Vijay Kumar Saini S/o Shri Maangilal Saini, Aged About 37 Years, R/o Todaraisingh, District Tonk, At Present Posted As Security Guard At Wtp (Surajpura).

110. Sitaram Saini (C) S/o Shri Jawahar Lal Mali, Aged About 42 Years, R/o Todaraisingh, District Tonk, At Present Posted As Chemical Operator At Wtp (Surajpura).

111. Kailash Chand Mali S/o Shri Naangram, Aged About 43 Years, R/o Todaraisingh, District Tonk, At Present Posted As Gardner At Wtp (Surajpura).

112. Beena Devi W/o Shri Bajrang Lal, Aged About 33 Years, R/o Todaraisingh, District Tonk, At Present Posted As Gardner At Wtp (Surajpura).

113. Ghasilal Gurjar S/o Shri Jaganath Gurjar, Aged About 33 Years, R/o Pradhan Nagar Thadoli, District Tonk, At Present Posted As Cook At Wtp (Surajpura).

114. Jitendra Kumar Saini S/o Shri Sitaram Saini, Aged About 30 Years, R/o Todaraisingh, District Tonk, At Present Posted As Electrician At Wtp (Surajpura).

115. Shyam Sunder Mali S/o Shri Badri Laal, Aged About 33 Years, R/o Todaraisingh, District Tonk, At Present Posted As Gardner At Wtp (Surajpura).

116. Hanuman Singh S/o Shri Jagannath Singh, Aged About 38 Years, R/o Panchmukhi Thadoli, District Tonk, At Present Posted As Filter Operator At Wtp (Surajpura).

117. Jeetram Saini S/o Shankarlal, Aged About 32 Years, R/o Chandsen, District Tonk, At Present Posted As C.p.operator At Wtp (Surajpura).

118. Shyoji Ram Tiwari S/o Shri Ramdev Tiwari, Aged About 34 Years, R/o Phagi, District Tonk, At Present Posted As C.p.operator At C.p Station (Phagi).

(D.B. SAW/557/2021 and 1 more have been filed in this matter. Please refer the same for further orders)

(10 of 13) [CW-4999/2021]

119. Rajesh Kumar Jaat S/o Shri Phool Chand Jaat, Aged About 37 Years, R/o Kishorpura, District Tonk, At Present Posted As C.p.operator At C.p Station (Phagi).

120. Mohan Lal Jaat S/o Shri Rodu Lal Jaat, Aged About 35 Years, R/o Kishorpura, District Tonk, At Present Posted As C.p.operator At C.p Station (Phagi).

121. Ramlal Sharma S/o Ramchandra Sharma, Aged About 38 Years, R/o Chhoti Dungari, District Tonk, At Present Posted As C.p.operator At C.p Station (Phagi).

122. Baluram Gurjar S/o Shri Uddharam Gurjar, Aged About 35 Years, R/o Mandhi, District Tonk, At Present Posted As C.p.operator At C.p Station (Phagi).

123. Shyam Pareek S/o Shri Ramchandra Pareek, Aged About 32 Years, R/o Chhoti Dungari, District Tonk, At Present Posted As C.p.operator At C.p Station (Phagi).

124. Kanharam Tiwari S/o Shri Ramdev Tiwari, Aged About 35 Years, R/o Phagi, District Tonk, At Present Posted As C.p.operator At C.p Station (Bhawanipura).

125. Awdhesh Changal S/o Shri Badri Prasad Changal, Aged About 33 Years, R/o Mor, District Tonk, At Present Posted As C.p.operator At C.p Station (Bhawanipura).

126. Madan Lal Verma S/o Shri Bhuralal Verma, Aged About 40 Years, R/o Thadoli, District Tonk, At Present Posted As Pump Operator At Wtp (Surajpura).

127. Shankarlal Gurjar S/o Shri Ramkunwar Gurjar, Aged About 34 Years, R/o Pradhan Nagar Thadoli, District Tonk, At Present Posted As Security Guard At Wtp (Surajpura).

128. Ramkaran Gurjar S/o Shri Jawaana Gurjar, Aged About 40 Years, R/o Laadpura Thadoli, District Tonk, At Present Posted As Helper At Wtp (Surajpura).

129. Ramnarayan Meena, Aged About 47 Years, R/otodaraisingh, District Tonk, At Present Posted As Gun Man At Wtp (Surajpura).

130. Parvati Devi Sahu W/o Shri Teekaram Sahu, Aged About 38 Years, R/o Surajpura, District Tonk, At Present Posted As Gardner At Wtp (Surajpura).

----Petitioners Versus

1. State Of Rajasthan, Through Principal Secretary, Public

(D.B. SAW/557/2021 and 1 more have been filed in this matter. Please refer the same for further orders)

(11 of 13) [CW-4999/2021]

Health Engineering Department, Government Of Rajasthan, Secretariat, Jaipur.

2. Chief Engineer (Urban And Nrw), Public Health Engineering Department, Government Of Rajasthan, Jal Bhavan, Jacob Road, Jaipur.

3. Superintending Engineer, Public Health Engineerintg Department, (Project Circle) City, Gandhi Nagar, Jaipur.

4. Project Manager, Bisalpur-Jaipur Water Supply Scheme, Bisalpur, Distt. Tonk.

5. M/s Gckc Projects And Works Private Limited, (Corporate Identity No. U45400Tn2009Ptc07786), 24, Mission Compound, Ajmer Road, Jaipur. Through Chief Relationship Manager, Mr. Pinkesh Jain.

                                                                              ----Respondents


For Petitioner(s)                  :     Mr. Laxmi Kant Malpura
For Respondent(s)                  :     Ms. Archana for
                                         Mr. Anil Mehta, AAG

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

25/11/2022

This writ petition has been filed with following prayers:

"It is therefore respectfully prayed that Lordships may be pleased to accept and allow the writ petition and by an appropriate writ, order or direct:-

I. The Respondent No.5 to lift the lockout imposed on the petitioners and allow them to rejoin work in the exercise of their right to peaceful employment. The respondent no. 5 may also be directed to determine and pay the appropriate due wages of the petitioners. Respondent no. one may be directed to ensure that the due wages be paid by Respondent No. 5, else the liability will fall on Respondent No.

1.

II. The Respondent no. 1 through Respondent No. 2 and 3 to oversee that the Respondent No. 5 reinstates these petitioners in their original service with continuity of service, back wages and without changing the

(D.B. SAW/557/2021 and 1 more have been filed in this matter. Please refer the same for further orders)

(12 of 13) [CW-4999/2021]

employment conditions of the petitioners. The respondent No 1 may also be directed to ensure that Respondent No. 5 provides proper appointment letters, proof of employment and welfare benefits to the petitioners.

III. Any other order or direction which this Hon'ble Court deems fit in the facts and circumstances of the case."

Learned counsel for the petitioners submits that the official

respondents may be directed to reconsider petitioners for

appointment as they have been working with a private company

since the year, 2016.

Per contra, learned counsel for the respondents submits that

the petitioners were never engaged/hired by official respondents;

rather, they were contractual employee of the M/s Larsen &

Toubro, a private entity which was engaged by the official

respondents for operation and maintenance of the Bisalpur Jaipur

Water Supply Pipeline. She submits that there has been no privity

of contact in between the petitioners and official respondents. She

submits that contract of M/s Larsen & Toubro with the official

respondents has come to an end with efflux of time which, now,

has been awarded to the respondent No.5-M/s GCKC Projects and

Works Pvt. Ltd. Learned counsel submits that the petitioners are

not even working with the respondent No.5 after termination of

their contractual employment with the erstwhile contractor, i.e.,

M/s Larsen & Toubro. She further submits that a writ of

mandamus cannot be issued to a private entity and similarly, no

direction can be issued to the official respondents to compel the

respondent No.5, a private entity to engage services of the

petitioners. She, in support of her submissions, relied upon a

Division Bench judgment of this Court vide order dated

07.07.2021 in case of Prahlad Sahay Ghasal & Ors. Vs.

(D.B. SAW/557/2021 and 1 more have been filed in this matter. Please refer the same for further orders)

(13 of 13) [CW-4999/2021]

Employees State Insurance Corporation & Anr.; D.B. Civil

Writ Petition No.14618/2020.

Heard. Considered.

Indisputably, there was no privity of contract in between the

petitioners and the official respondents as their services were

hired by M/s Larsen & Toubro, a private entity on contract basis to

discharge the work awarded to it by which, by efflux of time, has

come to an end. Since, 15.03.2021, the work of operation and

maintenance of Bisalpur Jaipur Water Pipeline is being done by the

respondent no.5, i.e., M/s GCKC Projects and Works Pvt. Ltd.

which has not employed the petitioners.

Learned counsel for the petitioners could not satisfy this

court as to their legal right to seek a writ of mandamus against

the private entity to employ them or for issuance of a direction to

the official respondents to further instruct the respondent No.5 to

discharge the work through the present petitioners.

In view of the aforesaid, this writ petition is dismissed being

devoid of merit.

(MAHENDAR KUMAR GOYAL),J

Sudha/121

(D.B. SAW/557/2021 and 1 more have been filed in this matter. Please refer the same for further orders)

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