Rajasthan High Court
Ramesh Chand S/O Shri Chhotu Lal vs The State Of Rajasthan Through ... on 27 February, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:10024]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13802/2020
1. Ramesh Chand S/o Shri Chhotu Lal, Aged About 33 Years,
R/o Heerapura, Post Shairgarh, District Baran, Presently
Working As Watchman Govt. Hostel, (Raj.)
2. Rajesh Bai W/o Shri Ramesh Chand, R/o Heerapura, Post
Shairgarh, District Baran, Presently Working As Cook,
Govt. Hostel, (Raj.)
3. Ramvilas S/o Shri Babu Lal, R/o Kunjed, District Baran,
Presently Working as Watchman, Govt. Hostel, Kunjed,
District Baran, (Raj.)
4. Mamta W/o Shri Ramvilas, R/o Kunjed, District Baran,
Presently Working As Cook, Govt. Hostel, Kunjed, District
Baran, (Raj.)
5. Sushila Bai W/o Shri Ramlal Meena, R/o Barana, District
Baran, Presently Working As Cook, Amb. Hostel, Barana,
District Baran, (Raj.)
6. Vijay Pal Nimana S/o Shri Rajeg, R/o Dungari, VIA
Pipalkhut, District Pratapgarh, Presently Working as Cook,
Govt. S.T. Boys Hostel, Pipalkut, (Raj.)
7. Mohan Lal S/o Shri Bhogaji Meena, R/o Angora, Tehsil &
District Pratapgarh, Presently Working As Care Taker,
Kishore Sampreshan Grah, Pratapgarh, (Raj.)
8. Suraj Mal, S/o Shri Nathu Meena, R/o Muliya Khera, Tehsil
Pipalkhut, District Pratapgarh, Presently Working As
Assistant Employee, Kishore Sampreshan Grah,
Pratapgarh, (Raj.)
9. Sumitra Meena W/o Shri Shantilal, R/o Timarva, Tehsil
And District Pratapgarh, Presently Working As Cook, Girls
Hostel, Pratapgarh (Raj.)
10. Kamal Kishore S/o Shri Jiva Meena, R/o Variya Ka Phala,
Post Suhagpura, District Pratapgarh, Presently Working As
Assistant Employee, Kishore Sampreshan Grah,
Pratapgrah, (Raj.)
11. Sevra Devi W/o Shri Baluram Meena, R/o Variya Bajari,
Tehsil Pipalkhut, District Pratapgarh, Presently Working As
Cook, Savitriphule Hostel, Pratapgarh, (Raj.)
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12. Rukmani W/o Shri Kishan Lal, R/o Devgarh Darvaja,
District Pratapgarh, Presently Working As Cook,
Savitriphule Hostel, Pratapgarh, (Raj.)
13. Sohan Lal S/o Shri Dhanraj Meena, R/o Jawahar Heeralal,
Nagar Intali, Dhariyabad, District Pratapgarh ,presently
Working As Cook, Amb. Hostel, Dhariyabad, District
Pratapgarh, (Raj.)
14. Pratap Singh S/o Shri Ramroop Gurjar, R/o Mukam Gurjar
Khanpur, Post Meena Khanpur, Tehsil Badi, District
Dholpur, Presently Working As Cook, OBC Hostel, Badi,
District Dholpur, (Raj.)
15. Chandrakanta W/o Shri Mukesh Meena, R/o Bhukha,
District Sawai Madhopur, Presently Working As Cook,
Govt. Hostel, Chauth Ka Barwara, District Sawai
Madhopur, (Raj.)
16. Sanju Meghwal W/o Shri Giriraj Meghwal, R/o Ward No.
20, Shakti Chauraha, Kapren, District Bundi, Presently
Working As Cook, Amb. Hostel, Kapren, Bundi (Raj.)
17. Brema Bai W/o Shri Radha Kirshan, R/o Bairwa Mohalla,
Nathda, District Bundi, Presently Working As Cook, Dev
Narayan Hostel, Nainwa, Bundi (Raj.)
----Petitioners
Versus
1. The State Of Rajasthan Through Principal Secretary,
Social Justice And Empowerment, Govt. Of Rajasthan
Govt. Secretariat, Jaipur
2. Director, Social Justice And Empowerment, Govt. Of
Rajasthan, Near 22 Godam Bridge, Jaipur
3. District Officer/ Deputy Director, Social Justice And
Empowerment, Govt. Of Rajasthan, Baran.
4. District Officer/ Deputy Director, Social Justice And
Empowerment, Govt. Of Rajasthan, Pratapgarh.
5. District Officer/ Deputy Director, Social Justice And
Empowerment, Govt. Of Rajasthan, Sawai Madhopur
6. District Officer/ Deputy Director, Social Justice And
Empowerment, Govt. Of Rajasthan, Dholpur
---Respondents
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[2024:RJ-JP:10024] (3 of 4) [CW-13802/2020]
For Petitioner (s) : Mr. Kailash Chander Sharma
For Respondent(s) : Mr. Nalin G. Narain
HON'BLE MR. JUSTICE SAMEER JAIN
Order
27/02/2024
1. The instant petition is filed under Article 226 of the
Constitution of India, with the following prayers:-
"It is, therefore, humbly prayed that the Hon'ble
Court may kindly accept and allow this writ petition;
and
i. By an appropriate writ, order or direction in the
nature thereof the respondents may kindly be
directed to allow to the continue to the petitioner to
work on the post of Care Taker at their respective
place of posting and also pay them remuneration as
per minimum wages directly through concerned
Govt. Head without involvement of the placement
agency.
ii. By an appropriate, writ, order or direction the
respondents be directed to grant the benefit of
minimum pay scale to the post of Class IV
employee.
Iii. Any other order which this Hon'ble Court
deemed just and proper in the facts and
circumstances of the case may be passed in favour
of the petitioner."
2. It is submitted by the learned counsel for the petitioner that
the lis before this Court is squarely covered by the judgment of
the Coordinate Bench of this Court as enunciated in S.B. Civil
Writ Petition No. 372/2013 titled as Anokh Bai vs. State of
Rajasthan, S.B. Civil Writ Petition No. 2187/2020 titled as
Asha Bai vs. State of Rajasthan and S.B. Civil Writ Petition
No. 4963/2023 titled as Ram Singh vs. State of Rajasthan.
3. Learned counsel for the respondents has not refuted the
aforesaid submission advanced by the counsel for the petitioner.
4. Heard and considered.
[2024:RJ-JP:10024] (4 of 4) [CW-13802/2020]
5. This Court deems it appropriate to quote the operative
portion of the relied upon judgment passed in Anokh Bai
(Supra), which reads as under:-
" In the light of the discussion made above, I am
inclined to accept the prayer made by the petitioners
for grant of wages at the rate of minimum of pay scale
for the post of Cook and Watchman while denying the
benefit of regularization sought by them, as otherwise
not pressed by the petitioners.
All the writ petitions are accordingly allowed with
the direction to the respondents to pay wages to the
petitioners at the rate of minimum f pay scale. The
benefit aforesaid would be given to the petitioners
from the date of pronouncement of the judgment.
The compliance of this judgment would be made
by the respondents within a period of four months
from the date of receipt of copy of this order."
6. This Court, accordingly deems it fit to allow the present writ
petition, in terms of the judgment passed in Anokh Bai (Supra).
7. As a result, in terms of the aforesaid, the instant petition is
allowed. Pending applications, if any, stand disposed of.
(SAMEER JAIN),J
GARIMA /100
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