Sohan Lal vs State Of Rajasthan
2023 Latest Caselaw 2805 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4185/2023

Sohan Lal S/o Shri Heera Ram, Aged About 44 Years, V And P Gadra Road, Tehsil Gadra, District Barmer, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary Department Of Local Self Government, Secretariat, Jaipur.

2. Director Local Self Government Department, Directorate Of Local Bodies, Jaipur, Government Of Rajasthan, G-3, Rajmahal Residential Area, C-Scheme, Near Civil Lines Phatak, Jaipur 16 Rajasthan.

3. Shakti Co-Operative Society, Jaipur Through Its Director, Shakti House A-10, Satya Nagar, Shivpuri, Jhotwara, Jaipur, Rajasthan.

4. Jogender Singh, Through Shakti Co-Operative Society, Jaipur Through Its Director, Shakti House A-10, Satya Nagar, Shivpuri, Jhotwara, Jaipur, Rajasthan.

5. Nagar Parishad Barmer, Through Its Commissioner, Barmer, Rajasthan.

                                                                       ----Respondents


For Petitioner(s)            :     Mr. Surendra Singh Choudhary
For Respondent(s)            :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

06/04/2023

Heard learned counsel for the petitioner.

Learned counsel for the petitioner submits that the petitioner

is engaged on contractual basis for a period mentioned in their

contract. The same was also renewed. However, the services of

the petitioner are being disengaged for engaging another

contractual employee. He submits that in view of the settled

(2 of 2) [CW-4185/2023]

position of law, the set of one contractual employee cannot be

replaced by another set of contractual employee, therefore, the

action of the respondents is in contravention of the judgments of

the Hon'ble Supreme Court.

Matter requires consideration.

Issue notice, returnable on 04.05.2023. Issue notice of the

stay application also.

Meanwhile and till the next date of hearing, the petitioner

shall not be disengaged and his services shall not be replaced by

another contractual employee.

(VINIT KUMAR MATHUR),J 95-Shahenshah/-

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