Citation : 2023 Latest Caselaw 699 Raj
Judgement Date : 18 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4427/2021
Smt. Snehlata Garasiya W/o Shri Daud Garasiya, Aged About 51
Years, By Caste Garasiya (S.t.), Resident Of Ward No. 15
Kevadiya, Tehsil Talwara, District Banswara. Presenlty Working
As Cook In Govt. Savitri Bai Phule Girls Hostel 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.
4. The Secretary, Tribal Area Development (Tad), Jaipur.
5. The Commissioner, Tribal Area Development (Tad),
Udaipur.
6. The Deputy Commissioner, Tribal Area Development
(Tad), Banswara.
----Respondents
Connected with
S.B. Civil Writ Petition No. 4469/2021
Punam Chandra S/o Shri Karma, Aged About 48 Years, By Caste
Bhil (S.t.), Resident Of Keliyapada Phephar, Tehsil Choti Sarva,
District Banswara. Presently Working As Cook In Govt. Savitri
Bai Phule Girls Hostel 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
For Petitioner(s) : Mr. Mahipal Rajpurohit
For Respondent(s) : Mr. Anil Kumar Gaur, AAG
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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
18/01/2023
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
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.
180-181-Zeeshan
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