Rajasthan High Court - Jaipur
Sarla Devi W/O Mukesh Kumar vs The State Of Rajasthan on 8 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13229/2019
Sarla Devi W/o Mukesh Kumar, Aged About 32 Years, R/o Shri
Nawal Adarsh Basti, Ward No. 7, Khandela, Sikar.
----Petitioner
Versus
1. The State Of Rajasthan, Through Director, Department Of
Local Body, Government Of Rajasthan, Near Civil Line,
Jaipur.
2. Commissioner, Nagar Parishad, District Sikar.
----Respondents
For Petitioner(s) : Mr. M.I. Abbasi
For Respondent(s) : Ms. Archana Dewanda for Mr. Anil
Mehta, AAG
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 08/01/2021 The petitioner has approached this Court praying that despite of having been finally considered for the post of Safai Karamchari, he was not given appointment on the ground that one person of the same family cannot be allowed as Safai Karamchari.
This Court in its judgment delivered in the case of Kaushalya Bai Vs. The State of Raj. and anr. and other connected petitions decided on 14.3.2019 has held such an action to be unjustified with direction to the Municipal Council to consider the petitioner as per his/her merit for appointment on the post of Safai Karamchari and in Manoj Kumar Vs. The State of Raj. and anr.,:SBCWP No.8202/2019, decided on 13.08.2019, a similar view has also been taken by another Coordinate Bench. This Court (Downloaded on 11/01/2021 at 09:58:56 PM) (2 of 2) [CW-13229/2019] also has allowed similar petition No.11019/2012, decided on 25.1.2017.
Learned counsel for the respondents submits that there is a delay in filing the writ petition by the petitioner.
I have considered the submissions as above. As substantive right of appointment is created once a person is placed in the select list and also other persons lower in merit from the same select list have been given appointment, such substantive right cannot be defeated merely on the plea of delay in approaching the Court specially in relation to the post like that of Safai Karamchari, where a candidate is not expected to be highly educated.
In view thereof, the respondents' plea of delay is not acceptable. The writ petition is accordingly allowed in similar terms as Kaushalya Bai (supra).
The petitioner shall be considered for appointment on the post of Safai Karamchari, however, she shall be treated as fresh appointee and given only notional benefits henceforth against the advertisement of 2012 and the said exercise shall be completed within a period of one month from the date of receipt of certified copy of this order.
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