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Rajasthan High Court - Jodhpur

Shyam Singh vs State & Ors on 18 December, 2013

Author: Vijay Bishnoi

Bench: Vijay Bishnoi

            S.B.CIVIL WRIT PETITION NO.14535/2013
            Shyam Singh vs. State of Raj. & Ors.


Date of Order                 :                 18.12.2013


             HON'BLE MR JUSTICE VIJAY BISHNOI

Mr Mahesh Thanvi, 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 petitioners that since initial appointment, the petitioners are working as Revenue Clerk/Store Munshi 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 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 respondents fairly agreed that in view of the decisions passed by this Court as 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.

[VIJAY BISHNOI],J.

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