Rajasthan High Court - Jodhpur
Ummed Singh vs The State Of Rajasthan ... on 2 July, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:28397]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17648/2022
Dr. Ummed Singh S/o Shri Mangi Lal Choudhary, Aged About 42
Years, R/o Village Sagu Khurdh, Tehsil Deedwana, District
Nagaur (Raj.).
----Petitioner
Versus
1. The State Of Rajasthan, Through Principal Secretary,
College Education, Government Of Rajasthan, Jaipur.
2. The Secretary, Department Of Personnel, Government Of
Rajasthan, Jaipur.
3. The Secretary, Finance (Rules) Department, Government
Of Rajasthan, Jaipur.
4. The Commissioner, College Education Government Of
Rajasthan, Jaipur.
5. The Joint Director (Hrd), College Education, Rajasthan,
Jaipur.
6. The Principal, Government Law College, Nagaur (Raj.).
----Respondents
For Petitioner(s) : Mr. Foja Ram Khoth for
Mr. Hanuman Singh.
For Respondent(s) : Mr. Deepak Bora, Dy. G.C.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
02/07/2025
1. Although the matter is listed on the application for early
hearing filed on behalf of the petitioner, however, with the consent
of learned counsel for the parties, the present writ petition itself is
being taken up for final disposal.
2. The present writ petition has been filed with the following
prayers:-
[2025:RJ-JD:28397] (2 of 3) [CW-17648/2022]
"I. By an appropriate writ, order or direction, the order
dated 08.08.2022 (Annex.8) and 25.11.2020 (Annex.6) be
quashed and set-aside and/or
II. By an appropriate writ, order or direction, the
respondents may kindly be directed to provide benefit of
pay protection during probation period as well as after
completion of probation period with all consequential
benefits; and/or
III. Any order adverse to the petitioner if passed in the
intervening period may also be declared bad in law and the
same be also quashed and set aside."
3. Learned counsel for the petitioner submits that the
controversy involved in the present case is squarely covered by a
judgment rendered in S.B. Civil Writ Petition No.5781/2018
(Honey Singh Chouhan Vs. State of Rajasthan and Anr.),
decided on 07.05.2022, wherein, the Coordinate Bench has held
as under:-
"In view of the above ratio, this Court cannot defer
from the opinion that JVVNL is a Department of the
Government and therefore, has to be governed by the
Rules governing employees of a Government Department.
Further the appointment order itself of the present
petitioner had a specific clause which reads as under:
"tks vH;FkhZ iwoZ ls gh fu;fer jkT; lsok esa dk;Zjr gS mUgsa jkT;
ljdkj ds fu;ekuqlkj gh osru HkÙks ns; gksaxsa ijUrq inLFkkiu ij
dk;Zxzg.k ds le; iwoZ fu;kstd ds }kjk mfpr ek/;e (Through
Proper Channel) ls dk;ZeqDr fd;s tkus dk vkns'k ,oa xr
Hkqxrku izek.k i= Hkh izLrqr djuk gksxkA"
A bare perusal of the above clause makes it clear that any
employee who had been in regular service of any
Government Department prior to be appointed in a new
Government Department, he would be entitled to regular
pay scales payable in terms of the Rules governing the
employees of the said earlier Department. There is no
dispute that the petitioner has been appointed through a
proper channel and even resigned through a proper
channel. Therefore, the requirements as provided in the
conditions of appointment have also been fulfilled by the
present petitioner.
[2025:RJ-JD:28397] (3 of 3) [CW-17648/2022]
In view of the ratio as laid down in Pooja Bhati's case
(supra) and in view of observations made above, the
present petition of the petitioner deserves to be allowed
and is hereby allowed. The respondent Department is
directed to grant the regular pay scale and the benefit of
service to the petitioner keeping in consideration his
earlier services with JVVNL.
All the pending applications also stand disposed of."
4. Learned counsel for the respondents is not in a position to
controvert the submission made by learned counsel for the
petitioner.
5. In view of the submissions made above, the present writ
petition is allowed in terms of the judgment rendered by the
Coordinate Bench of this Court in the case of Honey Singh
Chouhan (supra).
6. The stay application as well as other pending misc.
applications, if any, stand disposed of accordingly.
(VINIT KUMAR MATHUR),J
273-Shahenshah/-
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