Rajasthan High Court - Jaipur
Dayaram And Ors vs State Of Raj (Cooperative) And Or on 1 March, 2016
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.12541/2011 With Stay Application No.11490/2011 Dayaram and Others Vs. State of Rajasthan and Others Date of Order ::: 01.03.2016 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Rajendra Soni, counsel for petitioners Shri Sudeep Mathur for Shri Inderjeet Singh, Additional Advocate General, for respondents no.3 and 4 #### By the Court:-
Petitioners have filed this writ petition assailing impugned action of respondents by which they are not ordering them to be reinstated/absorbed/ regularized from the date persons junior to them have been so absorbed in the light of judgment dated 18.11.2010 of a Division Bench of this Court in Special Appeal (Writ) No.309/2002.
Petitioners happened to be employees of Rural Electric Cooperative Society, Todabhim, District Karauli, which was part of erstwhile Rajasthan State Electricity Board. Earlier they filed writ petitions, being S.B. Civil Writ Petitions No.4391/1992, 4390/1992, 4527/1992 and 4331/1992, which came to be decided vide judgments dated 19.03.1996, 29.01.1996 and 31.01.1997, directing regularization of their services with effect from 19.03.1996 and 31.01.1997. Thereafter the erstwhile RSEB was divided into five companies, one being Jaipur Vidyut Vitran Nigam Limited. When services of petitioners have not been regularized by respondents, petitioners, along-with other persons, filed Writ Petition No.6614/1998 Jaldhari and Others Vs. State of Rajasthan and Others, which came to be dismissed vide order dated 25.09.2001 holding that license of erstwhile Todabhim Rural Cooperative Society was cancelled on 20.02.1995, which was prior to judgment of this court in earlier writ petitions. The respondent Jaipur Vidyut Vitran Nigam Limited absorbed other junior employees and refused to extend similar treatment to petitioners. Some of petitioners herein, who were petitioners in earlier writ petitions, filed Special Appeal (Writ) No.309/2002, which came to be allowed by a Division Bench of this court vide judgment dated 18.11.2010 holding that as the State Government was already a party to that case and all orders of absorption etc. have been passed in compliance of order passed by the State Government and further as the process of absorption of the employees of the erstwhile Todabhim Cooperative Society was going on when the judgments of this court delivered in 1996/1997 in earlier writ petition filed in the year 1992, respondents were bound by the judgment of this court. Despite that, respondents have not considered petitioners for regularization in the light of judgment dated 18.11.2010 and therefore petitioners served a notice for demand of justice dated 14.02.2011 upon the respondents but that too is also of no avail.
Having heard learned counsel for the parties and perused the material on record, this court finds that petitioners filed Writ Petition No.6614/1998 along-with other similarly situated persons, titled Jaldhari and Others Vs. State of Rajasthan and Others, which was dismissed vide order dated 25.09.2001 holding that the license of erstwhile Todabhim Rural Cooperative Society was cancelled on 20.02.1995, which was prior to judgment of this court in earlier writ petitions and the prayer to absorb them in the service of RSEB was declined. Some of petitioners therein filed Special Appeal but present petitioners did not file any appeal. Although their appeal was allowed ten years thereafter vide judgment dated 18.11.2010. Admittedly, the petitioners were discontinued from service in the year 1996 and that for last twenty years they are not working with respondents. Their claim for absorption and regularization, therefore, cannot be considered, particularly when four petitioners, out of five, have already attained age of 59 years. Besides, their writ petition suffers from enormous delay and laches and is inspired only by reason of judgment dated 18.11.2010 of this court in D.B. Special Appeal (Writ) No.309/2002, which was allowed . That appeal itself remained pending for as long as 10 years. In the facts of this case, no mandamus can be issued at this belated stage in favour of the petitioners.
Consequently, writ petition fails and the same is hereby dismissed. Stay application is also dismissed.
(Mohammad Rafiq) J.
//Jaiman//114 All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Giriraj Prasad Jaiman DR