Lalit Nagori vs State Of Rajasthan ...
2023 Latest Caselaw 1299 Raj

[2023/RJJD/003895]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil Writ Petition No. 31/2021

Lalit Nagori S/o Shri Omprakash Nagori, Aged About 52 Years,
R/o Inside Nagori Gate, Fort Road, Jodhpur.
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through The Principal Secretary,
         Panchayati Raj And Rural Development Department,
         Government Of Rajasthan, Secretariat, Jaipur.
2.       The Secretary And Commissioner, Panchayati Raj
         Department, Government Of Rajasthan, Secretariat,
         Jaipur.
3.       The Chief Executive Officer, Zila Parishad, Jodhpur.
4.       Block Development Officer, Panchayat Samiti Shergarh,
         District Jodhpur.
                                                                    ----Respondents
                                 Connected With
                S.B. Civil Writ Petition No. 13112/2020
Laxmi Chouhan W/o Shri Jaisingh Chouhan, Aged About 64
Years, R/o Nagoriyo Ka Bas, Gali No. 1, Inside Nagori Gate, Fort
Road, Jodhpur.
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through The Principal Secretary,
         Panchayati Raj And Rural Development Department,
         Government Of Rajasthan, Secretariat, Jaipur.
2.       The Secretary And Commissioner, Panchayati Raj
         Department, Government Of Rajasthan, Secretariat,
         Jaipur.
3.       The Chief Executive Officer, Zila Parishad, Jodhpur.
4.       Block Development Officer, Panchayat Samiti Osiyan,
         District Jodhpur.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Naresh Singh.
For Respondent(s)            :     Mr. Piyush Bhandari for
                                   Mr. Sunil Beniwal, AAG.



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI



                        (Downloaded on 04/02/2023 at 11:08:00 PM)
 [2023/RJJD/003895]                     (2 of 3)                     [CW-31/2021]


                                       Order

03/02/2023

      Learned counsel for the petitioners fairly submits that the

controversy involved in the present writ petitions is no more res-

integra and it is covered by the decision rendered by a coordinate

Bench of this Hon'ble Court in Akbar Khan & Ors. Vs. State of

Rajasthan & Ors.; S.B. Civil Writ Petition No.9509/2018 and

other connected writ petitions on 24.02.2022. The relevant portion

of the judgment reads as under:

      "In view of the ratio as laid down in Jagjit Singh's case and

      Krishna Kumar Saini's case, this Court is of the clear opinion that

      as the petitioners have been discharging the duties of a Gram

      Sewak since the date of regular appointment in the year 2004

      and therefore, are entitled for regularisation of their services on

      the principle of "equal pay for equal work" with effect from the

      date of their completion of 10 years of service as a Gram Sewak

      in terms of clause 5C of the circular dated 2.10.2010. Even if, it

      is assumed that the petitioners would not be governed by the

      circular dated 2.10.2010, they would definitely be governed by

      the general principle of "equal pay for equal work" and are

      entitled for regularisation on completion of 10 years of service.

            In view of the above observations, the present writ

      petition is partly allowed. The respondent-Department is directed

      to regularise the services of the petitioners with effect from the

      date on which they completed their 10 years of services as a

      Gram Sewak with the Panchayati Raj Department with all

      consequential benefits."




                       (Downloaded on 04/02/2023 at 11:08:01 PM)
                                    [2023/RJJD/003895]                        (3 of 3)                          [CW-31/2021]



                                         Accordingly, this writ petition is partly allowed in the light of

                                   the   decision     rendered         in    Akbar      Khan's       case   (supra).     The

                                   repondents     are    directed           to   regularize       the    services   of   the

                                   petitioners with effect from the date, on which, they completed

                                   their 10 years of services as Gram Sewak with the Panchayati Raj

                                   Department         with     all     consequential           benefits.     All    pending

                                   applications also stand disposed of.



                                                                      (DR.PUSHPENDRA SINGH BHATI), J.

147-148 Zeeshan

Powered by TCPDF (www.tcpdf.org)