Rajasthan High Court - Jodhpur
Rang Bihari Udawat & Ors vs State & Ors on 26 November, 2013
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
S.B. CIVIL WRIT PETITION NO.13865/2013
Rang Bihari Udawat & Ors. V/S State of Rajasthan & Ors.
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
O R D E R
S.B. CIVIL WRIT PETITION NO.13865/2013
Rang Bihari Udawat & Ors.
V/S
State of Rajasthan & Ors.
Date of Order : 26th November, 2013
PRESENT
HON'BLE MR. JUSTICE VIJAY BISHNOI
Mr. Mahesh Thanvi, for petitioners.
Mr. Vimal Mathur, for respondents.
BY THE COURT:-
By this petition, the petitioners have claimed that they should be granted semi- permanent status and permanent status as Store Munshi instead of Helper.
It is contended by the learned counsel for the petitioners that since initial appointment, the petitioners are working as Store Munshi/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 S.B. CIVIL WRIT PETITION NO.13865/2013 Rang Bihari Udawat & Ors. V/S State of Rajasthan & Ors. 2 Rules, 1964 (for short 'the Rules of 1964' hereinafter), the petitioners are entitled to be granted semi permanent status and permanent status for the post of Store Munshi. Reliance is placed on the 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 Rajastha & Ors. vs. Hem Singh & Ors.).
Learned counsel for the petitioners has fairly conceded that the controversy involved in this writ petition has already been decided by this Court in the above mentioned judgments and the petitioners are entitled for semi- permanent and permanent status as Store Munshi instead of Helper, however, the learned counsel for the respondents has prayed that he S.B. CIVIL WRIT PETITION NO.13865/2013 Rang Bihari Udawat & Ors. V/S State of Rajasthan & Ors. 3 may be granted some time to file reply to the writ petition.
This Court is of the opinion that when the controversy involved in this writ petition is no more res integra and decided by this Court in various decisions, referred in the earlier part of the order, no useful purpose will be served in granting time to the respondents to file reply to the writ petition.
In view of the above, this writ petition is allowed and the respondents are directed to grant semi-permanent status to the petitioners on the post of Store Munshi in accordance with the Rules of 1964, and grant them all other benefits, which they are entitled for in accordance with law.
[VIJAY BISHNOI],J.
Abhishek 44