Rajasthan High Court - Jodhpur
Nathi Singh Chaudhary vs State & Ors on 12 November, 2013
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
S.B.CIVIL WRIT PETITION NO.13214/2013
Nathi Singh Chaudhary vs. State of Raj. & Ors.
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S.B.CIVIL WRIT PETITION NO.13214/2013
Nathi Singh Chaudhary
vs.
State of Raj. & Ors.
Date of Order : 12.11.2013
HON'BLE MR JUSTICE VIJAY BISHNOI
Mr Sushil Kumar Mathur, for the petitioner Mr Vimal Mathur, for the respondents By this petition, the petitioner has claimed that he should be granted semi permanent status and permanent status as Store Munshi instead of Helper.
It is contended by the learned counsel for the petitioner that since initial appointment, the petitioner is working as LDC and as per Rule 3(3) of the Rajasthan P.W.D. (B&R), including Gardens, Irrigation, Water Works and Ayurvedic Department, Work-charges Employees Service Rules, 1964 (for short 'the Rules of 1964' hereinafter), the petitioner is entitled to be granted semi permanent status and permanent status for the post of Store Munshi.
Reliance is placed on the S.B.CIVIL WRIT PETITION NO.13214/2013 Nathi Singh Chaudhary vs. State of Raj. & Ors. 2 decisions of this Court dated 19.04.1988 in D.B.Civil Writ Petition No.1319/1987 (Kamal Kumar vs. State of Rajasthan & Ors.); dated 21.10.2009, in S.B.Civil Writ Petition No.6423/2008 (Hem Singh & Ors. Vs. State of Rajasthan & Ors.); dated 13.12.2012 in S.B.Civil Writ Petition No.2417/2011 (Latif Khan vs. State of Rajasthan & Ors.); and dated 03.2.2012 in D.B.Civil Special Appeal (w) No.845/2011 (State of Rajasthan & Ors. vs. Hem Singh & Ors.).
The learned counsel for the petitioner has further contended that the case of the petitioner has already been referred to the Chief Engineer (Admn.), P.H.E.D., Barmer, while recommending grant of semi permanent status to the petitioner on the post of Store Munshi vide letter dated 26.07.2012 but the Chief Engineer (Admn.), P.H.E.D. has not acted upon the said recommendation till date.
Learned counsel for the respondents fairly agreed that in view of the decisions passed by this Court as S.B.CIVIL WRIT PETITION NO.13214/2013 Nathi Singh Chaudhary vs. State of Raj. & Ors. 3 referred above by the learned counsel for the petitioner, the controversy involved in this writ petition has already been decided and, therefore, the petitioner is entitled to be granted semi permanent status and permanent status as Store Munshi instead of Helper.
In view of the submissions made by the learned counsel for the parties, this writ petition is allowed and the respondents are directed to confer semi permanent status to the petitioner in accordance with the Rules of 1964 on the post of Store Munshi. It is also directed that the respondents shall complete the said exercise within a period of three months from the date of production of certified copy of this order.
[VIJAY BISHNOI],J.
m.asif/-