Rajasthan High Court - Jodhpur
Kamal Singh vs The State Of Rajasthan ... on 27 May, 2024
Bench: Pushpendra Singh Bhati, Yogendra Kumar Purohit
[2024:RJ-JD:23929-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 550/2024
Kamal Singh S/o Late Shri Chand Singh, Aged About 33 Years,
Resident Of- Ward No.-20, Near Shanni Temple, Pilibanga,
District- Hanumangarh.
----Appellant
Versus
1. The State Of Rajasthan, Through The Principal Secretary
To Government Energy Department, Government Of
Rajasthan, Secretariat, Jaipur
2. The Jodhpur Vidyut Vitaran Nigam Limited, Through The
Managing Director, New Power House, Industrial Area,
Jodhpur - 342003.
3. The Superintendent Of Engineer (O And M), Jodhpur
Vidyut Vitaran Nigam Limited, Hanumangarh Circle,
District Hanumangarh.
4. The Assistant Engineer (O And M), Jodhpur Vidyut Vitaran
Nigam Limited, Hanumangarh Circle, Pilibanga, District
Hanumangarh.
----Respondents
For Appellant(s) : Dr. Kshamendra Mathur
For Respondent(s) : Mr. Rajesh Panwar, Sr. Adv. & AAG
assisted by Mr. Ayush Gehlot
Mr. D.S. Sodha
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order
27/05/2024
1. The appellant has preferred the present special appeal
claiming the following reliefs:-
a) The Special Appeal Writ Petition may kindly
be allowed;
b) That the impugned judgment dated
22.04.2024, and the impugned order dated
04.04.2024 (Annexure 7 to the Writ Petition) may
be quashed and set aside.
[2024:RJ-JD:23929-DB] (2 of 3) [SAW-550/2024]
c) That the Respondent may be directed to
comply with and adhere to the mandatory
requirement of Rule 3 of Regulation 2023 and
other provisions of the same Regulation 2023 to
achieve its aim and object related to safety and
the lives of the incumbents.
d) That the cost of the Petition may be ordered
to be awarded.
e) Any other order which this Honorable Court
deems fit and proper in the facts and
circumstances of the present case may kindly be
issued in favors of the Appellant-Petitioner.
2. Learned counsel for the appellant has tried to persuade this
Court on sympathetic grounds that due to lack of qualified and
trained personnel working on high tension/electricity junctions has
led to an increase in casualty and accident rates. He submits that
during the tenure of employment of the appellant, he has been
discharging his duties as a desk job, and thus, is not trained to
discharge field duties.
3. Learned counsel for the appellant has also vehemently tried
to persuade this Court that the respondents will be jeopardizing
the safety and security of the present appellant by deputing him
to discharge field duties, and thus, this Court needs to intervene
immediately. Learned counsel also submits that policy of the
respondents and the office circular also support the case of the
present appellant, as the duties assigned to him are not in
conformity with the circulars and the officer order of the
respondent department.
4. Learned counsel for the respondents submits that there is no
illegality in the order passed by the respondents. He further
submits that each and every submission of the appellant was
considered by the learned Single Judge of this Hon'ble Court and it
was held that the appellant has been appointed on the post of
[2024:RJ-JD:23929-DB] (3 of 3) [SAW-550/2024]
Helper Grade-1 and thus, he has to do the field job to discharge
the full duties, as it would be required in the period of crises when
the heatwave is going on and the electricity department is
currently facing challenges in maintaining essential services for a
common man, and it is crucial that the appellant fulfills his
responsibilities effectively.
5. After hearing learned counsel for the parties and perusing
the record of the case, this Court finds that there may be
sympathetic reasons or certain risks, which are involved in the
job, but at the same time, these are essential services and do not
warrant any intervention by this Court, particularly when the
appellant was appointed on Helper Grade-1 way back in year 2009
and then such appointee requires to go for field duties, as and
when required. The sympathy be invoked by the appellant on the
ground of the risks of accident may be genuine, but at the same
time, such risks are part of the jobs particularly that of the
electricity department and this Court acknowledges that the
respondents should make every possible effort to ensure the
safety of all individuals and take all necessary precautions to
maintain the safety standards.
6. With the aforesaid observation, no interference in the
impugned order is called for, and thus, the present appeal is
dismissed.
(YOGENDRA KUMAR PUROHIT),J (DR.PUSHPENDRA SINGH BHATI),J
14-sudheer/-
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