Rajasthan High Court - Jodhpur
Bheekha Ram vs State Of Rajasthan ... on 5 May, 2023
Bench: Vinit Kumar Mathur
[2023/RJJD/013655]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6575/2022
1. Bheekha Ram S/o Naina Ram, Aged About 45 Years, Budli
Nadi, Nakora, District Barmer.
2. Chanda Ram S/o Mala Ram, Aged About 50 Years, Mukam
Post Mandai, Tehsil Fatehgarh, District Jaisalmer.
3. Durga Ram S/o Punma Ram, Aged About 50 Years,
Mukam Post Fatehgarh, Tehsil Fatehgarh, District
Jaisalmer.
4. Dungra Ram S/o Khamisha Ram, Aged About 45 Years,
Mukam Post Myajlar, Tehsil Jaisalmer, District Jaisalmer.
5. Smt. Shanti Devi W/o Shyam Sunder Rajpurohit, Aged
About 50 Years, Opposite Dhibbapada Nagar Parishad
Jaisalmer, Tehsil Jaisalmer, District Jaisalmer.
6. Sugala Ram Bochiya S/o Jagta Ram Bochiya, Aged About
49 Years, Mukam Post Khariya Kalla, Tehsil Ram Sagar,
District Barmer.
----Petitioners
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Social Justice And Empowerment, Government Of
Rajasthan, Jaipur.
2. The Director, Department Of Social Justice And
Empowerment, Government Of Rajasthan, Jaipur.
3. Assistant Director, Social Justice And Empowerment
Department, Jaisalmer.
4. Assistant Director, Social Justice And Empowerment
Department, Barmer.
----Respondents
For Petitioner(s) : Mr. Sushil Solanki
For Respondent(s) : Mr. A.K. Gaur, AAG
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
05/05/2023
[2023/RJJD/013655] (2 of 3) [CW-6575/2022]
Heard learned counsel for the parties.
The present writ petition has been filed with the prayer that
the respondents may be directed to consider the case of the
petitioners for regularization on the post of Class IV.
Learned counsel for the petitioners submits that the
petitioners are working in the respondent Department for more
than 25 years. He submits that although they are being paid the
minimum pay scale of the Class IV Cadre, however, they are not
being considered for regularization on the post of Class IV.
Learned counsel submits that in the identical situation, the
services of number of similarly situated persons have been
regularized. He submits that the petitioners have filed a detailed
representation - Annexure-4 to the respondent Department,
however, the same has not yet been decided. He, therefore, prays
that the respondents may be directed to decide the representation
- Annexure-4 of the petitioners at the earliest in the light of the
judgment of the Hon'ble Supreme Court rendered in SLP
No.21173/94 State of Rajasthan & Ors. vs. Mod Singh & Ors,
decided on 29/03/1996.
The submission made by learned counsel for the petitioners
is not opposed by learned counsel for the respondents. He assures
this Court that the representation of the petitioners will be
considered and decided at the earliest in accordance with law.
Considering the limited prayer made by learned counsel for
the petitioners, the present writ petition is disposed of with a
direction to the respondent No.2 - The Director, Department Of
Social Justice And Empowerment, Government Of Rajasthan,
Jaipur to decide the pending representation of the petitioners
[2023/RJJD/013655] (3 of 3) [CW-6575/2022]
(Annex.4) at the earliest preferably within a period of four weeks
from the date of receipt of certified copy of this order strictly in
accordance with law.
The stay application and other pending applications, if any,
also stand disposed of.
The order has been passed based on the submissions made
in the petition, the respondents would be free to examine the
veracity of the submissions made in the petition and only in case,
the averments made therein are found to be correct, the
petitioners would be entitled to the relief.
(VINIT KUMAR MATHUR),J
12-KashishS/-
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