Rajasthan High Court - Jaipur
Jeetendra Pal Singh vs State Of Raj And Ors on 8 September, 2017
Bench: Ajay Rastogi, Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
D.B. Special Appeal Writ No. 841 / 2017
Jeetendra Pal Singh S/o Shri Jaiveer Singh, Aged About 37 Years,
R/o Adarsh Krishna Nagar, Kartarpura Phatak, Jaipur, Presently
Serving As Upper Division Clerk, Municipal Board, Bagru Distt.
Jaipur
----Appellant
Versus
1. State of Rajasthan Through Secretary, Local Self Government
Department, Government Secretariat, Jaipur.
2. The Director, Local Bodies, Government of Rajasthan, Jaipur.
3. Rajasthan Public Service Commission Through Its Secretary,
Ajmer.
4. Santlal Makkad, S/o Shri Jaganath Makkad, Aged About 42
Years, R/o 1150, Agrasen Nagar, Sriganganagar.
5. Noor Mohammad Khan, S/o Shri Manzoor H. Khan, Aged About
41 Years, R/o Near Happy Model School, Subashpura, Bikaner.
6. Dilip Kumar, S/o Shri Mani Ram, Aged About 38 Years, R/o
Village 28, PBN, Post Bhagwansar, Tehsil Suratgarh, Distt.
Sriganganagar.
7. Suman Rathore, D/o Shri S.S. Rathore, Aged About 33 Years,
R/o Ward No. 20, Amedkar Colony, Near Ashwani Public School,
Hanumangarh Town.
8. Devi Lal Bochalya, S/o Shri Shyam Lal Bochalya, Aged About 41
Years, R/o Plot No. 72 A, Chandra Bhawan, Prabhat Colony, Path
No. 7, Vijay Bari, Sikar Road, Murlipura, Jaipur.
9. Bhanwar Lal Swamy, S/o Shri Rameshwar Lal, Aged About 42
Years, R/o Bhavishya the Career Point, 1-D-94, Jai Narayan Vyas
Colony, Bikaner.
10. Bhagwana Ram, S/o Shri Bansi Lal, Aged About 44 Years, R/o
Near Post Office Pachpadra, Distt. Barmer.
----Respondents
_____________________________________________________ For Appellant(s) : Mr.Ravi Chirania, Adv. _____________________________________________________ (2 of 4) [SAW-841/2017] HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 08/09/2017 Instant special appeal is directed against order of the ld.Single Judge dt.22.03.2017.
The petitioner is a member of the Rajasthan Municipal (Sub- ordinate and Ministerial Service) Rules, 1963 and working as Lower Division Clerk and his complaint is that the State Government in its wisdom was of the view that the employees of the ministerial cadre and members of the Rajasthan Municipal (Sub-ordinate and Ministerial) Service Rules, 1963 may be considered for recruitment for the posts which are included in the schedule appended to the Rajasthan Municipal Service Rules, 1963 and the draft notification dt.22.05.1981 was proposed by the Government for making a suitable amendment in carving out the vacancies to be filled by direct recruitment to the extent of 7.5 % from members of the Rajasthan Municipal (Sub-ordinate and Ministerial Service) Rules, 1963. We consider it appropriate to quote the very draft notification dt.22.05.1981 which was the sole basis for the writ petitioner for invoking the jurisdiction of this court u/Art.226 of the Constitution, which reads ad infra:-
"GOVERNMENT OF RAJASTHAN LOCAL SELF GOVERNMENT DEPARTMENT Jaipur, dated 22.5.1981 NOTIFICATION No.Tax/F.3(40)DLB/80/.- In exercise of the powers conferred by sub-section (1) and clause (t) of sub- section (2) of Section 297 read with Section 302, 304, 305, sub-section (2) of Section 306, 307 and 308, the State Government hereby makes the following amendment in the Rajasthan Municipal Service Rules, (3 of 4) [SAW-841/2017] 1963, namely:
AMENDMENT In the said rules, at the end of the schedule appended with the rules, the following note shall be added:- Note:- The vacancies to be filled in by direct recruitment, 7½ % vacancies shall be reserved for the members of the Rajasthan Municipalities, Subordinate and Ministerial Service."
The grievance of the petitioner is that although the draft notification was duly signed & even dispatched on 22.05.1981 but since it has not been published in the official gazette because of the legal impediment suitable amendment has not been made in the Rules in absence whereof the vacancies which ought to have been reserved for recruitment to the extent of 7.5 % for the employees who are members of the Rules, 1963 have been deprived from consideration of recruitment to the post under the Rajasthan Municipal Service Rules, 1963.
After the matter being heard, the ld.Single Judge dismissed the writ petition under its order impugned dt.22.03.2017 holding that in the absence of publication of draft notification dt.22.05.1981 in the gazette, no mandamus could be issued.
After we have heard counsel, we too are of the view that in the absence of its publication in gazette, certainly the draft notification dt.22.05.1981 is of no significance and cannot be considered to be an amendment in the Rules, 1963 but at the same time, we are of the view that let the Government re-visit the matter and take its decision as to whether they want to implement and provide reservation to the extent of 7.5% quota to the Ministerial Employees in the open recruitment under the Rajasthan (4 of 4) [SAW-841/2017] Municipal Service Rules, 1963 in terms of the draft notification dt.22.05.1981 (Annex.1).
We expect & trust that the Government will re-visit the matter and take its decision independently keeping in view that if some avenues of recruitment are made available to the Ministerial Employees that will certainly enhance their morale and further devotion to serve with commitment.
Consequently, the instant special appeal, in the terms, indicated above, stands disposed of.
(ASHOK KUMAR GAUR),J. (AJAY RASTOGI),J.
Solanki DS, PS/56