Rajasthan High Court - Jodhpur
Bharat Kumar Nayak & Ors vs State & Ors on 27 February, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B.Civil Writ Petition No. 756 / 2016
1. Bharat Kumar Nayak S/o Sh. Pyar Chand, aged 33 years, R/o
Govind Deo Post Aadiwali, Tehsil Kherwada, District Udaipur.
2. Smt. Surya Jambla D/o Shri Baxi Ram, W/o Mukesh Kharadi,
R/o Village Nichla Mandwa, Post Ghadi, Tehsil Rishabhdeo,
Distt. Udaipur.
3. Giriraj Prasad Dhakad S/o Shri Prabhu Lal, R/o House
No.170-D, Chhawani, Kota.
4. Harish Chandra Meena S/o Babu Lal Ji, R/o Kakra Dungra,
Post Jayra, Tehsil Kherwada, Distt. Udaipur.
----Petitioners
Versus
1. State of Rajasthan through Principal Secretary, Rural
Development and Panchayati Raj Department, Government
of Rajasthan, Jaipur.
2. The Commissioner, Rural Development and Panchayati Raj
Department, Commissionerate, Water Development & Land
Conservation, Rajasthan, Jaipur.
3. Executive Engineer (Soil Conservation) Cum Project Manager,
Dist. Watershed Cell cum Data Centre, Pratap Nagar, Udaipur
C/o The Zila Parishad Udaipur.
4. Assistant Engineer, (PIA) Water Shed Development,
Panchayat Samiti, Kherwada, Dist. Udaipur.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr.Khet Singh, Advocate
For Respondent(s) : Mr.Manish Patel, AGC
_____________________________________________________
HON'BLE MS. JUSTICE NIRMALJIT KAUR
Order 27/02/2017 The present writ petition has been filed on behalf of four petitioners. The petitioners No.2 and 4 have already been selected through regular process. Thus, the writ petition qua petitioners No.2 and 4 is dismissed as withdrawn.
(2 of 3) [CW-756/2016] As per the reply filed in the present case, the petitioner No.1 can be re-appointed as per the selection criteria as the said scheme stands selected in the Mukhyamantri Jal Swawlamban Abhiyan (MJSA), Phase-II. Since, the petitioner No.1 is already continuing in service in pursuance to the interim order passed by this Court, as per the reply, he will be allowed to continue in service. Thus, the present petition qua petitioner No.1 is also rendered infructuous.
The writ petition, accordingly, survives only qua petitioner No. 3.
The petitioner is working under the Integrated Watershed Management Programme (IWMP) Scheme, which is run and financed by the Ministry of Rural Development through Government of Rajasthan. Upon selection, the petitioner was appointed by the respondents as member of the Watershed Development Team (WDT) in their respective specialized fields. Subsequently, the Project Manager, Udaipur vide his letter dated 03.11.2015 ordered the services of the petitioner be kept in abeyance in pursuance to the order dated 26.08.2015 passed by the Director, Watershed Development and Soil Conservation, Rajasthan, which was passed on the ground that no funds are available and neither any funds have been received.
Similar Writ Petition No.4466/2016 (Ram Niwas Choudhary & Ors. Vs. State of Rajasthan & Ors.) has been disposed of vide order dated 03.01.2017 with the direction that in case, the project in which the petitioners are working has been selected, the petitioners in the said case will be taken back in service forthwith (3 of 3) [CW-756/2016] as per their seniority.
However, with respect to petitioner No.3, it is stated by learned counsel for the respondents that he is not entitled for continuation as the scheme IWMP-5, in which he is working was only for the year 2010-2011 to 2015-2016, which has since been completed and the same has not been reviewed or selected in Phase-II.
Accordingly, the writ petition qua petitioner No.3 is dismissed. However, in case, the said scheme is selected in Mukhyamantri Jal Swavlamban Abhiyan (MJSA), Phase-III, the petitioner will be duly taken back in service as per his seniority.
(NIRMALJIT KAUR)J. NK/84