Citation : 2023 Latest Caselaw 645 Raj
Judgement Date : 17 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9548/2021
Jagdish Sain S/o Shri Radheshyam Sain, Aged About 58 Years,
R/o Bapoti, District Karauli. Presently Working As Chowkidaar In
Govt. Ambedkar Boys Hostel (St), Sapotra 1St, District Karauli.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Social Welfare
Department , Rajasthan, Jaipur.
2. The Director, Social Welfare Department , Jaipur.
3. The Assistant Director, Social Welfare Department ,
Rajasthan, Karauli.
----Respondents
Connected With
S.B. Civil Writ Petition No. 3765/2021
Smt. Chanda Garg D/o Shri Ruplal Garg, Aged About 56 Years,
By Caste Garg (S.c.), Resident Of 485, Ajma Garhi, District
Banswara. Presently Working As Cook In Govt. Savitri Bai Phule
Girls Hostel Garhi, District Banswara.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Social Welfare
Department, Rajasthan, Jaipur.
2. The Director, Social Welfare Department, Jaipur.
3. The Assistant Director, Social Welfare Department,
Banswara.
----Respondents
S.B. Civil Writ Petition No. 4498/2021
Smt. Mangli W/o Shri Ramang Damor, Aged About 51 Years, B/c
Damor (S.t.), R/o Ward No 20, Behind Kalika Mata Mandir,
Banswara. Presently Working As Cook In Govt. Ambedkar Boys
Hostel Banswara.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Social Welfare
Department, Rajasthan, Jaipur.
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2. The Director, Social Welfare Department, Jaipur
3. The Assistant Director, Social Welfare Department,
Banswara
----Respondents
S.B. Civil Writ Petition No. 5842/2021
Smt. Rukhamo Devi W/o Shri Mula Ram, Aged About 43 Years,
B/c Gadia Lohar / Gadalia (Sbc/mbc), R/o Goonga, Tehsil Shiv,
District Barmer. Presently Working As Cook In Govt. Ambedkar
Boys Hostel, Goonga, Tehsil Shiv, District Barmer.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Social
Welfare Department, Rajasthan, Jaipur.
2. The Director, Social Welfare Department, Jaipur.
3. The Assistant Director, Social Welfare Department,
Barmer.
----Respondents
For Petitioner(s) : Mr. Mahipaal Rajpurohit
For Respondent(s) : Mr. Anil Kumar Gaur, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
17/01/2023
At the outset, learned Additional Advocate General submits
that the case of the present petitioners can be considered by the
Social Welfare Department, in light of the judgment passed by a
coordinate Bench of this Court in Mukesh Kumar Vs. State of
Rajasthan & Anr. in S.B. Civil Writ Petition No.525/2007, decided
on 12.02.2021.
Learned counsel for the petitioners fairly submits that the
consideration of the petitioners' case, in light of the judgment
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rendered in Mukesh Kumar (Supra), by passing a speaking order,
shall serve the purpose.
In light of the above submissions, the present writ petition
is disposed of with a direction to the respondents to consider the
candidature of the petitioners for regularization, by passing a
speaking order, strictly in accordance with law, more particularly,
while keeping into due consideration the judgment rendered in
Mukesh Kumar (Supra). However, thereafter, in case the
petitioners' grievance still survives, they shall be at liberty to
approach this Court again. All pending applications also stand
disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
3-6-nirmala/-
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