The Chief Secretary vs Smt. Bindumati
2022 Latest Caselaw 12205 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13964/2022

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

2. The Chief Engineer (Admin.), Public Health Engineering Department, Jacob Road, Jaipur.

3. The Superintending Engineer, Public Health Engineering Department, Jacob Road, Jaipur (Raj.).

----Petitioners Versus

1. Smt. Bindumati D/o Shri Ramkaran Rai Ji W/o Shri Bejnath, Presently Working As Junior Engineer In Phed Department, Resident Of 1 E 9, Backside Of Gurudwara Kunswa, Kota, Raj.

2. The Addl. Chief Secretary, Finance Department, Govt. Of Raj., Secretariat, Jaipur.

----Respondents

For Petitioner(s) : Mr. Pankaj Sharma, AAG Mr. Dhairyaditya Singh.

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



            HON'BLE MR. JUSTICE ARUN BHANSALI

                                      Order

11/10/2022

This writ petition has been filed by the petitioners aggrieved

against the judgment dated 4.2.2022 passed by the Rajasthan

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

The Appellate Tribunal by its judgment dated 4.2.2022 inter

alia directed as under:-

"12. We therefore, deed it fit to direct the Respondent Department to treat the continuous service rendered by each of the appellant from the date when he was appointed, as regular service. His services are therefore regularized from the date of

(2 of 2) [CW-13964/2022]

appointment. Needless to say, once his services stand on the footing of regular service, the benefits of ACP, promotion and seniority will automatically follow and are to be considered in light of concerned rules by the Respondent Department."

For the above direction, it appears that for non-compliance

of the directions issued by the Appellate Tribunal, on an

application filed for contempt, order dated 8.4.2022 was passed,

ordering for referring the matter to the High Court.

Learned counsel for the parties submit that during pendency

of the present writ petition by orders dated 22.7.2022

(Annex.R/1) & order dated 29.7.2022 produced for perusal of the

Court today, the order dated 4.2.2022 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.R/1) & 29.7.2022 passed by the petitioners and the

judgment dated 4.2.2022 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.R/1) & 29.7.2022 passed by the

petitioners. The order dated 4.2.2022 passed by the Rajasthan

Civil Services Appellate Tribunal, Jaipur in Appeal No.1014/2021

shall stand modified in terms of orders dated 22.7.2022 (Annex.R/

1) & 29.7.2022 passed by the petitioners.

(ARUN BHANSALI),J 49-Rmathur/-

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