Rajasthan High Court - Jodhpur
Vikram Karwasara vs State Of Rajasthan ... on 5 May, 2023
Bench: Dinesh Mehta
[2023/RJJD/013695]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1098/2020
Vikram Karwasara S/o Sh. R.r. Karvasara, Aged About 40 Years,
R/o Pawanpuri, Bikaner
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Panchayati Raj, Government Of Rajasthan, Jaipur
2. The District Collector, Bikaner
3. The Chairman, District Swachh Bharat Mission (Village),
Zila Parishad Cum Zila Parishad, Bikaner
4. The Chief Executive Officer, Zila Parishad, Bikaner
----Respondents
For Petitioner(s) : Mr. Muktesh Maheshwari
For Respondent(s) : Mr. KK Bissa
JUSTICE DINESH MEHTA
Order
05/05/2023
1. The petitioner has approached this Court with a grievance
that though an order of appointment on the post of District
Co-ordinator has been issued by the competent authority, namely,
Chairman of Swachh Bharat Mission on 19.08.2019, however, the
Chief Executive Officer is not handing-over the charge to him.
2. It is to be noted that on 26.10.2021, a co-ordinate Bench of
this Court has restrained the respondents from replacing
petitioner's services with another contractual employee.
3. As a consequence, a peculiar situation has arisen where the
respondents have been restrained from engaging any contractual
employee on the post of District Co-coordinator while an order of
[2023/RJJD/013695] (2 of 3) [CW-1098/2020]
appointment stands issued in petitioner's favour as referred
above.
4. Mr. Bissa, learned counsel appearing for Zila Parishad
submitted that since, there are allegations of involvement in
criminal cases against the petitioner, the respondents are a bit
reluctant in giving him appointment.
5. In the facts and circumstances of the case and considering
the order dated 24.01.2014, passed in petitioner's earlier writ
petition being SBCWP No.5678/2010, which has been affirmed by
the Division Bench vide its judgment dated 20.04.2016, this Court
deems it expedient and in the interest of all to direct the Chief
Executive Officer to hand-over the charge to the petitioner.
6. Because, nobody is working on the post of District Co-
coordinator, due to which not only petitioner's rights are
prejudiced but functioning of the 'Swachh Bharat Mission' are also
likely to be adversely affected, for want of a regular District
Co-coordinator.
7. The present writ petition is, therefore, allowed.
8. The respondents are directed to hand-over charge to the
petitioner pursuant to the order dated 19.08.2019.
9. Needless to observe, that the petitioner shall continue until
regular selection on the post of District Co-coordinator are made
by the State Government or subject ofcourse in case the petitioner
incurs any disqualification.
10. The petitioner shall get the monthly honorarium/emolument
payable from the date of joining but will not be entitled for any
[2023/RJJD/013695] (3 of 3) [CW-1098/2020]
back wages or arrears of salary for the period he has not worked
on such post.
11. The stay petition also stands disposed of accordingly.
(DINESH MEHTA),J
32-pooja/-
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