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Rajasthan High Court - Jaipur

Ajay Kumar S/O Madho Singh vs The State Of Rajasthan on 5 August, 2020

Author: Inderjeet Singh

Bench: Inderjeet Singh

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 16142/2018

1.    Ajay Kumar S/o Madho Singh, Aged About 34 Years, By
      Caste Valmiki (S.c.), Resided At Nai Mandi, Harijan Basti,
      Bharatpur (Raj.)
2.    Smt. Kanta Devi W/o Ajay Kumar, Aged About 28 Years,
      By Caste Valmiki (S.c.), Resided At Nai Mandi, Harijan
      Basti, Bharatpur (Raj.)
3.    Rakesh Kumar S/o Sohan Lal, Aged About 35 Years, By
      Caste Valmiki (S.c.), Resided At Nai Mandi, Harijan Basti,
      Bharatpur (Raj.)
4.    Smt. Rekha W/o Rakesh Kumar, Aged About 33 Years, By
      Caste Valmiki (S.c.), Resided At Nai Mandi, Harijan Basti,
      Bharatpur (Raj.)
5.    Smt. Neetu W/o Piyush, Aged About 29 Years, By Caste
      Valmiki (S.c.), Resided At Nai Mandi, Harijan Basti,
      Bharatpur (Raj.)
6.    Mahendra Singh S/o Madho Singh, Aged About 40 Years,
      By Caste Valmiki (S.c.), Resided At Nai Mandi, Harijan
      Basti, Bharatpur (Raj.)
7.    Smt. Mamta W/o Mahendra Singh, Aged About 30 Years,
      By Caste Valmiki (S.c.), Resided At Nai Mandi, Harijan
      Basti, Bharatpur (Raj.)
8.    Sanjay Kumar S/o Madho Singh, Aged About 33 Years, By
      Caste Valmiki (S.c.), Resided At Nai Mandi, Harijan Basti,
      Bharatpur (Raj.)
9.    Smt. Manju W/o Sanjay Kumar, Aged About 33 Years, By
      Caste Valmiki (S.c.), Resided At Nai Mandi, Harijan Basti,
      Bharatpur (Raj.)
10.   Lalit Kumar S/o Narayan, Aged About 28 Years, By Caste
      Valmiki (S.c.), Resided At Nai Mandi, Harijan Basti,
      Bharatpur (Raj.)
11.   Bablu S/o Raju, Aged About 29 Years, By Caste Valmiki
      (S.c.), Resided At Nai Mandi, Harijan Basti, Bharatpur
      (Raj.)
12.   Bishwendra S/o Sunil Kumar, Aged About 28 Years, B/c
      Valmiki (S.c.), Resided At Kumher Gate, Harijan Basti,
      Bharatpur (Raj.)


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13.   Sunil Kumar S/o Ramkishan, Aged About 43 Years, B/c
      Valmiki (S.c.), Resided At Kumher Gate, Harijan Basti,
      Bharatpur (Raj.)
14.   Smt. Rajni W/o Anil Kumar, Aged About 30 Years, B/c
      Valmiki (S.c.), Resided At Nai Mandi, Harijan Basti,
      Bharatpur (Raj.)
15.   Anil Kumar Chauhan S/o Sudhir Kumar, Aged About 30
      Years, B/c Valmiki (S.c.), Resided At Nai Mandi, Harijan
      Basti, Bharatpur (Raj.)
16.   Anoop Kumar S/o Govind Singh, Aged About 31 Years,
      B/c Valmiki (S.c.), Resided At Nai Mandi, Harijan Basti,
      Bharatpur (Raj.)
17.   Pankaj Kumar S/o Govind Singh, Aged About 28 Years,
      B/c Valmiki (S.c.), Resided At Nai Mandi, Harijan Basti,
      Bharatpur (Raj.)
18.   Raju S/o Murari, Aged About 28 Years, B/c Valmiki (S.c.),
      R/o Gulal Kund, Papadi Mohalla, Bharatpur (Raj.)
19.   Smt. Munni Devi W/o Madho Singh, Aged About 44 Years,
      B/c Valmiki (S.c.), Resided At Nai Mandi, Harijan Basti,
      Bharatpur (Raj.)
20.   Vishnu S/o Jagannath, Aged About 31 Years, B/c Valmiki
      (S.c.), Resided At Nai Mandi, Harijan Basti, Bharatpur
      (Raj.)
21.   Rishi Kumar S/o Umesh Chand, Aged About 30 Years, B/c
      Valmiti (Sc), Resided At Purani Kachhari Ke Piche, Harijan
      Basti, Bharatpur (Raj.)
22.   Lakhan Kumar S/o Umesh Chand, Aged About 28 Years,
      B/c Valmiti (Sc), Resided At Purani Kachhari Ke Piche,
      Harijan Basti, Bharatpur (Raj.)
23.   Vikram S/o Omprakash, Aged About 30 Years, B/c Valmiti
      (Sc), Resided At Purani Kachhari Ke Piche, Harijan Basti,
      Bharatpur (Raj.)
24.   Anil Chouhan S/o Mashi Charan, Aged About 28 Years,
      B/c Valmiti (Sc), Resided At Purani Kachhari Ke Piche,
      Harijan Basti, Bharatpur (Raj.)
25.   Sachin S/o Mukesh Chand, Aged About 28 Years, B/c
      Valmiti (Sc), Resided At Purani Kachhari Ke Piche, Harijan
      Basti, Bharatpur (Raj.)
26.   Smt. Jyoti W/o Lakhan Kumar, Aged About 28 Years, B/c
      Valmiti (Sc), Resided At Purani Kachhari Ke Piche, Harijan

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      Basti, Bharatpur (Raj.)
27.   Pawan S/o Kanta Prasad, Aged About 28 Years, B/c
      Valmiti (Sc), Resided At Purani Kachhari Ke Piche, Harijan
      Basti, Bharatpur (Raj.)
28.   Pintu S/o Pratap Singh, Aged About 28 Years, B/c Valmiti
      (Sc), Resided At Purani Kachhari Ke Piche, Harijan Basti,
      Bharatpur (Raj.)
29.   Khanna Singh S/o Pratap Singh, Aged About 28 Years,
      B/c Valmiti (Sc), Resided At Purani Kachhari Ke Piche,
      Harijan Basti, Bharatpur (Raj.)
30.   Smt. Manisha W/o Sumit, Aged About 20 Years, B/c
      Valmiti (Sc), Resided At Purani Kachhari Ke Piche, Harijan
      Basti, Bharatpur (Raj.)
31.   Sumit Chouhan S/o Pratap Singh, Aged About 24 Years,
      B/c Valmiki (Sc), R/o Mathura Gate, Harijan Basti,
      Bharatpur (Raj.)
32.   Smt. Vijjay Laxmi W/o Pramod Kumar, Aged About 34
      Years, B/c Valmiki (Sc), R/o Pnb Bank Ke Piche, Police
      Chowki Ke Pass, Harijan Basti, Bharatpur (Raj.)
33.   Smt. Lata W/o Rishi Kumar, Aged About 30 Years, B/c
      Valmiki (Sc), R/o Purani Kachhari Ke Piche, Harijan Basti,
      Bharatpur (Raj.)
34.   Mukil S/o Govind Singh, Aged About 22 Years, B/c Valmiki
      (Sc), R/o Nai Mandi, Harijan Basti, Bharatpur (Raj.)
35.   Pramod S/o Mukesh Chand, Aged About 38 Years, B/c
      Valmiki (Sc), Resided At Nai Mandi, Harijan Basti,
      Bharatpur (Raj.)
36.   Smt. Rima Devi W/o Amit Kumar, Aged About 31 Years,
      B/c Valmiki (Sc), Resided At Nai Mandi, Harijan Basti,
      Bharatpur (Raj.)
37.   Smt. Rakhi Devi W/o Rakesh Kumar, Aged About 32
      Years, B/c Valmiki (Sc), Resided At Nai Mandi, Harijan
      Basti, Bharatpur (Raj.)
38.   Pradeep Kumar S/o Mukesh Kumar, Aged About 32 Years,
      B/c Valmiki (Sc), Resided At Nai Mandi, Harijan Basti,
      Bharatpur (Raj.)
                                                                   ----Petitioners
                                   Versus
1.    The   State     Of     Rajasthan,         Through         Additional   Chief


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        Secretary / Principal Secretary, Urban Development And
        Housing     Department          (Udh),        Govt.     Of     Rajasthan,
        Secretariat, Jaipur
2.      The Director Cum Joint Secretary, Directorate Of Local
        Self Bodies, Govt. Of Rajasthan, Civil Lines Phatak, Jaipur
3.      The   Municipal       Corporation          Bharatpur,     Through       Its
        Commissioner
                                                                ----Respondents

For Petitioner(s) : Mr. Hanuman Choudhary For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH Order 05/08/2020 Instant writ petition has been filed by the petitioners with the following prayers:-
It is, therefore, most respectfully prayed that your lordship may graciously be pleased to accept and allow the joint writ petition and by an appropriate writ of mandamus, order or direction in nature thereof:
I) The respondent may kindly be directed to allow appointment on the post of sweeper/Safai Karamchari at MC Bharatpur without evolving the system of lottery so far as recruitment pursuant to advertisement No.01/2012 dated 25.05.2012 is concerned in terms of order dated 19.05.2016 delivered by Division Bench of this Hon'ble Court in DBCWP No.14059/2015 with all consequential of service benefits.
ii) Any other order which this Hon'ble Court may deems fit and proper in the facts and circumstances of the case also be passed in favour of humble petitioner along with cost of writ petition.

Admittedly, the advertisement in question with regard to appointment on the post of Safai Karamchari was issued in the year 2012 and based on that seeking appointment on the post of (Downloaded on 07/08/2020 at 09:24:55 PM) (5 of 5) [CW-16142/2018] Safai Karamchari, the petitioners have filed the present writ petition in the year 2018, after a delay of six years.

Considering the facts and circumstances of the present case, I am not inclined to exercise the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

Hence, the present writ petition stands dismissed on the ground of delay and latches.

(INDERJEET SINGH),J Upendra/75 (Downloaded on 07/08/2020 at 09:24:55 PM) Powered by TCPDF (www.tcpdf.org)