Rajasthan High Court - Jodhpur
Jitendra Kumar Tailor vs The State Of Rajasthan on 6 July, 2020
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1952/2019 Jitendra Kumar Tailor S/o Shri Kishan Gopal Tailor, Aged About 30 Years, Resident Of At Present Working As Computer Operator At Municipal Board, Nawa, District Nagaur.
----Petitioner Versus
1. The State Of Rajasthan, Through The Principal Secretary, Local Self Department, Government Of Rajasthan, Jaipur.
2. The Director, Local Self Department, Government Of Rajasthan, Jaipur.
3. The Municipal Board, Nawa, District Nagaur Through Its Executive Officer, Municipal Board Nawa, District Nagaur.
----Respondents For Petitioner(s) : Mr. CP Trivedi and Mr. Sampat Prajapat For Respondent(s) : Mr. Piyush Beniwal for Mr. Sunil Beniwal, AAG JUSTICE DINESH MEHTA Judgment 06/07/2020 Petitioner was initially engaged by the Municipal Board, Nawa, as Computer Operator, vide order dated 12 th of April, 2007. It is, inter alia, averred in the writ petition that since inception of his service career, petitioner is discharging his duties with utmost satisfaction and he has to his credit requisite qualification of Computer Operator. It is also reflected from the pleadings that State Govt. in exercise of power under Section 328 of the Rajasthan Municipalities Rules, 2009, has sanctioned number of posts for various municipalities and one post of Computer Operator is also sanctioned for respondent No.4,Municipal Board, (Downloaded on 06/07/2020 at 08:45:21 PM) (2 of 3) [CW-1952/2019] Nawa. The decision of the State Govt. in this behalf was conveyed by the Dy. Director, Local Self Govt. vide order dated 30.09.2013. The petition also unfurls that considering the longevity of the services of petitioner and his satisfactory performance as Computer Operator prompted the Municipal Board to recommend for regularization of his services on the post of Computer Operator. Accordingly, recommendation in this behalf was sent by the Municipal Board to the State Government but same is still pending before the State Govt. The petitioner has also placed reliance on a decision of Supreme Court in State of Karnataka V/s. Uma Devi [(2006) 4 SCC 1]. While referring to office order dated 15th of March, 2017 (Annex.6), it is also pleaded that the Local Self Govt. has issued necessary directions for implementing the verdict given in S.B. Civil Writ Petition No.18056/2015 (Roshan Lal Saini V/s. State & Ors., decided on 9 th of March, 2017) for regularization of the services of employees in consonance with the policy adopted by the State Govt.
Learned counsel appearing for the State Govt. has not disputed that recommendations have been sent by Municipal Board but has submitted that the matter is still pending consideration before the Directorate.
In this view of the matter, I deem it just and appropriate to dispose of this writ petition with a direction to the State Govt. to decide the matter at the earliest to facilitate issuance of requisite order of regularization of petitioner's services, strictly in accordance with law. The requisite exercise be undertaken by the State Govt. at the earliest, preferably within a period of four weeks from the date presentation of this order.
The writ petition is, accordingly, disposed of. (Downloaded on 06/07/2020 at 08:45:21 PM)
(3 of 3) [CW-1952/2019] The stay application also stands disposed of accordingly.
(DINESH MEHTA),J 106-CPGoyal/-
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