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Rajasthan High Court - Jodhpur

Rinku vs State Of Rajasthan on 6 December, 2018

Author: Arun Bhansali

Bench: Arun Bhansali

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Writ No. 18627/2018

1.     Rinku S/o Shri Vishnu, Aged About 31 Years, By Caste
       Mehtar,    Resident     Of   Nawalnagar,      Geeta    Bhawan,
       Sardarpura, Jodhpur.
2.     Surendra Singh S/o Shri Tarachand, Aged About 44 Years,
       By Caste Mehtar, Resident Of Kirtinagar, Near C Sector,
       Meghwal Basti, Magra Punjala, Jodhpur.
3.     Gordhan S/o Shri Mangilal, Aged About 53 Years, By
       Caste Mehtar, Resident Of Mathaniya, Harijanbasti, Tehsil
       Osian, District Jodhpur.
4.     Chiman Prakash S/o Late Shri Seeta Ram, Aged About 35
       Years, By Caste Mehtar, Resident Of Lakharo Ka Bass,
       Harijan Basti, Jodhpur.
5.     Smt. Suman W/o Shri Surendra Singh, Aged About 40
       Years, By Caste Mehtar, Resident Of Kirtinagar, Near C
       Sector, Meghwal Basti, Magra Punjala, Jodhpur.
6.     Aarti W/o Shri Bal Kishan, Aged About 40 Years, By Caste
       Mehtar, Resident Of Madhobagh, Harijan Basti, Jodhpur.
7.     Rajini W/o Shri Chiman Prakash, Aged About 39 Years, By
       Caste Mehtar, Resident Of Lakharo Ka Bass, Harijan Basti,
       Jodhpur.
8.     Smt. Jyoti D/o Shri Narendra Singh, Aged About 32 Years,
       By   Caste    Mehtar,   Resident   Of   Behind   Ice   Factory,
       Bhadwasiya, Jodhpur At Present Kirtinagar, Near C Sector,
       Meghwal Basti, Magra Punjala, Jodhpur.
9.     Muskan Chanwariya D/o Shri Bal Kishan, Aged About 18
       Years, By Caste Mehtar, Resident Of Lakharo Ka Bass,
       Harijan Basti, Jodhpur.
10.    Sharda W/o Shri Gordhan, Aged About 38 Years, By Caste
       Mehtar, Resident Of Mathaniya, Hrijanbasti, Tehsil Osian,
       District Jodhpur.
11.    Smt. Priyanka W/o Shri Rinku, Aged About 25 Years, By
       Caste Mehtar, Resident Of Nawalnagar, Geeta Bhawan,
       Sardarpura, Jodhpur.
12.    Anurag Barasa S/o Shri Styanarayan,, Aged About 30
       Years, By Caste Mehtar, Resident Of Nawalnagar, Geeta
       Bhawan, Sardarpura, Jodhpur.
                                    (2 of 6)               [CW-18627/2018]


13.   Smt. Priyanka W/o Shri Sikandar, Aged About 27 Years,
      By Caste Mehtar, Resident Of Nawalnagar, Geeta Bhawan,
      Sardarpura, Jodhpur.
14.   Smt. Sapna W/o Shri Anurag, Aged About 28 Years, By
      Caste Mehtar, Resident Of Nawalnagar, Geeta Bhawan,
      Sardarpura, Jodhpur.
15.   Smt. Alka W/o Shri Vijendra, Aged About 32 Years, By
      Caste Mehtar, Resident Of Nawalnagar, Geeta Bhawan,
      Sardarpura, Jodhpur.
16.   Vijendra S/o Shri Ashok, Aged About 34 Years, By Caste
      Mehtar,    Resident     Of    Nawalnagar,       Geeta     Bhawan,
      Sardarpura, Jodhpur.
17.   Smt. Deepmala W/o Shri Dinesh Kumar, Aged About 32
      Years, By Caste Mehtar, Resident Of Meghwal Basti, Magra
      Punjala, Jodhpur.
18.   Smt. Neha W/o Shri Manoj Kumar, Aged About 28 Years,
      By Caste Mehtar, Resident Of Nawalnagar, Geeta Bhawan,
      Sardarpura, Jodhpur.
19.   Smt. Geeta W/o Shri Vishnu, Aged About 48 Years, By
      Caste Mehtar, Resident Of Nawalnagar, Geeta Bhawan,
      Sardarpura, Jodhpur.
20.   Deepak S/o Shri Rajendra, Aged About 36 Years, By
      Caste Mehtar, Resident Of Nawalnagar, Geeta Bhawan,
      Sardarpura, Jodhpur.
21.   Rohit Kumar S/o Shri Kamal Kumar, Aged About 30 Years,
      By Caste Mehtar, Resident Of Indra Colony, Pratapnagar,
      Jodhpur.
22.   Saraswati D/o Shri Om Prakash, Aged About 32 Years, By
      Caste Mehtar, Resident Of Indra Colony, Pratapnagar,
      Jodhpur.
23.   Suryadev Chanwariya S/o Shri Om Prakash, Aged About
      20   Years,   By    Caste    Mehtar,     Resident   Of    Rajbagh,
      Soorsagar, Jodhpur.
24.   Mamta Chanwariya D/o Shri Om Prakash, Aged About 21
      Years, By Caste Mehtar, Resident Of Rajbagh, Soorsagar,
      Jodhpur.
25.   Smt. Leela W/o Shri Om Prakash, Aged About 35 Years,
      By   Caste    Mehtar,   Resident        Of   Rajbagh,    Soorsagar,
      Jodhpur.
26.   Virendra Kumar S/o Shri Jagdish, Aged About 32 Years,
                                 (3 of 6)             [CW-18627/2018]


      By   Caste   Mehtar,    Resident     Of   Ambedkar   Colony,
      Pratapnagar, Jodhpur.
27.   Smt. Renuka W/o Shri Virnedr Kumar, Aged About 32
      Years, By Caste Mehtar, Resident Of Ambedkar Colony,
      Pratapnagar, Jodhpur.
28.   Smt. Anu W/o Shri Mahendra Dharu, Aged About 35
      Years, By Caste Mehtar, Resident Of Kudi Housing Board,
      Jodhpur.
29.   Smt. Neeru W/o Shri Sunil, Aged About 26 Years, By
      Caste Mehtar, Resident Of Kudi Housing Board, Jodhpur.
30.   Smt. Indra Devi W/o Shri Shyamlal, Aged About 43 Years,
      By Caste Mehtar, Resident Of Harijan Basti, Ratanada,
      Jodhpur.
31.   Jagdishchandra S/o Shri Bhanwar Lal, Aged About 40
      Years, By Caste Mehtar, Resident Of Bheelo Ka Bass,
      Daijar, Jodhpur.
32.   Smt. Renu W/o Shri Jagdishchandra, Aged About 34
      Years, By Caste Mehtar, Resident Of Bheelo Ka Bass,
      Daijar, Jodhpur.
33.   Vishnu W/o Shri Nemichand, Aged About 30 Years, By
      Caste Mehtar, Resident Of Ghodo Ka Chowk, Jodhpur.
34.   Smt. Pinky W/o Shri Kamlesh, Aged About 40 Years, By
      Caste Mehtar, Resident Of Ghodo Ka Chowk, Jodhpur.
35.   Smt. Mena Devi W/o Late Shri Budhraj, Aged About 55
      Years, By Caste Mehtar, Resident Of Pal House, Ummed
      School, Jodhpur.
36.   Rajnarayan S/o Shri Nena Ram, Aged About 42 Years, By
      Caste Mehtar, Resident Of Udai Mandir Basti, Jodhpur.
37.   Smt. Sarika W/o Shri Rajnarayan, Aged About 34 Years,
      By Caste Mehtar, Resident Of Udai Mandir Basti, Jodhpur.
38.   Amit Kumar S/o Shri Haridas, Aged About 45 Years, By
      Caste Mehtar, Resident Of Madhobagh, Harijan Basti,
      Jodhpur.
39.   Smt. Sumitra W/o Shri Amarchand, Aged About 39 Years,
      By Caste Mehtar, Resident Of Nagouri Bera, Mandore,
      Jodhpur.
40.   Mahendra Kumar S/o Shri Bhanwar Lal, Aged About 48
      Years, By Caste Mehtar, Resident Of Nagouri Bera,
      Mandore, Jodhpur.
                                  (4 of 6)             [CW-18627/2018]


41.   Amarchand S/o Shri Bhanwar Lal, Aged About 44 Years,
      By Caste Mehtar, Resident Of Nagouri Bera, Mandore,
      Jodhpur.
42.   Smt. Aasha W/o Shri Manhendra Dharu, Aged About 38
      Years, By Caste Mehtar, Resident Of Nagouri Bera,
      Mandore, Jodhpur.
43.   Smt. Pushpa Devi W/o Shri Hari Bhajan Jawa, Aged About
      48 Years, By Caste Mehtar, Resident Of Choupasani
      School, Girdhan Nagar, Jodhpur.
44.   Smt. Sangeeta W/o Shri Vinod Kumar, Aged About 36
      Years, By Caste Mehtar, Resident Of Choupasani School,
      Girdhan Nagar, Jodhpur.
45.   Smt. Vijay Laxmi W/o Shri Vashu Devi, Aged About 52
      Years, By Caste Mehtar, Resident Of Lakhro Ka Bas,
      Harijan Basti, Jodhpur.
46.   Sagar Chanwariya S/o Shri Rajesh, Aged About 25 Years,
      By Caste Mehtar, Resident Of Lakhro Ka Bas, Harijan
      Basti, Jodhpur.
47.   Akshya Chanwariya S/o Shri Rajesh, Aged About 25
      Years, By Caste Mehtar, Resident Of Lakhro Ka Bas,
      Harijan Basti, Jodhpur.
48.   Smt. Sangeeta Devi W/o Shri Premdas, Aged About 27
      Years, By Caste Mehtar, Resident Of Rai Ka Bagh Harijan
      Basti, Jodhpur.
49.   Shobha D/o Shri Jagdish, Aged About 33 Years, W/o Shri
      Kailash By Caste Mehtar, Resident Of Maharshi Nawal
      Ashram, Bai Ji Ka Talab Ghodo Ka, Jodhpur.
50.   Anu Gharu D/o Shri Om Prakash, Aged About 25 Years,
      By Caste Mehtar, Resident Of Udai Mandir, Harijan Basti,
      Jodhpur.
51.   Sagar Teji S/o Shri Ramlal, Aged About 24 Years, By
      Caste Mehtar, Resident Of Rajiv Ghandi Colony, Pal Road,
      Jodhpur.
52.   Ambika S/o Shri Hardas, Aged About 32 Years, By Caste
      Mehtar,    Resident   Of   Mahaveer   Colony,     Haddimeel,
      Jodhpur.
53.   Lali W/o Shri Charan Das, Aged About 58 Years, By Caste
      Mehtar, Resident Of Pancholiyo Ki Nadi Harijan Basti,
      Jodhpur.
54.   Rekha W/o Shri Vinod, Aged About 42 Years, By Caste
                                    (5 of 6)             [CW-18627/2018]


        Mehtar, Resident Of Bhadwasiya, Harijan Basti, Jodhpur.
55.     Roshan Barasa S/o Shri Vasu Dev Barasa, Aged About 32
        Years, By Caste Mehtar, Resident Of Lakhro Ka Bas,
        Harijan Basti, Jodhpur.
56.     Smt. Meena S/o Shri Roshan Barasa, Aged About 32
        Years, By Caste Mehtar, Resident Of Lakhro Ka Bas,
        Harijan Basti, Jodhpur.
57.     Arun Gharu S/o Shri Om Prakash, Aged About 30 Years,
        By Caste Mehtar, Resident Of Udai Mandir, Harijan Basti,
        Jodhpur.
58.     Mukesh S/o Shri Brahmdas, Aged About 29 Years, By
        Caste Mehtar, Resident Of Ambedkar Basti, Bagar Chok,
        Jodhpur.
59.     Avinash Ril S/o Shri Madan Lal Ril, Aged About 32 Years,
        R/o Chandshah Takiya Market, Ghodo Ka Chowk, Harijan
        Basti, Jodhpur.
60.     Hema W/o Shri Avinash Ril, Aged About 25 Years, R/o
        Chandshah Takiya Market, Ghodo Ka Chowk, Harijan
        Basti, Jodhpur.
                                                        ----Petitioners
                                 Versus
1.      State Of Rajasthan, Through The Secretary, Department
        Of Local Self Government Of Rajasthan, Secretariat,
        Jaipur.
2.      The Commissioner Municipal Corporation, Jodhpur.
3.      The District Collector, Jodhpur.
                                                      ----Respondents


For Petitioner(s)         :   Mr. Abhishek Agarwal.
For Respondent(s)         :   Mr. Parvej for Mr. Rajesh Panwar,
                              AAG.



            HON'BLE MR. JUSTICE ARUN BHANSALI

Order 06/12/2018 Learned counsel for the parties submit that the issues raised in the present writ petition are squarely covered by judgment of (6 of 6) [CW-18627/2018] this Court in Ravi Jajot v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.10496/2018, decided on 30.8.2018 and, therefore, the present writ petition may also be decided in terms of the said judgment.

In the case of Ravi Jajot (supra), a Co-ordinate Bench of this Court after dealing with the issues, raised therein, inter alia, directed as under:-

"92. Before parting with this judgment, this Court makes it clear that any issue other than the issues dealt with by this Court in this judgment, which remains open, shall be represented by the petitioners to the respondents, and the respondents shall decide all those factual and legal issues by passing a respective speaking order in the cases of the petitioners, after giving them proper opportunity of hearing, strictly in accordance with law, as it is not possible for this Court to go into individual facts of individual petitioner in such exercise, and therefore, this Court directs the respondents to pass lawful and speaking orders in all those matters.
94. Such issues shall be decided by the respondents through a proper Redressal Committee to be constituted by the respondents themselves, in pursuance of aforesaid direction contained in this judgment, at the appropriate level, within a period of thirty days from the date of receipt of certified copy of this judgment.
97. All these writ petitions arising out of recruitment process of Safai Karamchari in pursuance of the advertisement dated 13.04.2018, stand disposed of, as per the above observations and directions. However, it is made clear that any issue, which has been pleaded, but not decided by this judgment, shall require the petitioners to file representation before the respondents, which shall be decided by the respondents by passing a respective speaking order, strictly in accordance with law, within a period of thirty days from the date of receipt of certified copy of this order."

In view of the submissions made, the writ petition filed by the petitioner is allowed in terms of judgment in the case of Ravi Jajot (supra) with similar directions as noticed hereinbefore.

(ARUN BHANSALI),J 192-Rmathur/-

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