Rajasthan High Court - Jaipur
Dharmendra Singh & Ors vs State Of Rajasthan & Ors on 22 September, 2015
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR S.B. Civil Writ Petition No.13804/2015 Dharmendra Singh & Ors. Versus State of Rajasthan & Ors. DATE OF ORDER : 22/09/2015 HON'BLE MR. JUSTICE M.N. BHANDARI Mr. S.S. Mahla, for petitioners
*** It is stated that similar writ petition bearing No.5154/2014, Bhagirath Balai & Ors. Vs. State of Rajasthan & Ors., was decided on 23rd July, 2014. In pursuance to the judgment in the case of Bhagirath Balai (supra), a favourable order was passed by the respondents. The prayer is accordingly to dispose of the petition in terms of order passed by the Coordinate Bench in the case of Bhagirath Balai (supra).
As prayed by learned counsel for petitioners, this petition is disposed of in terms of same direction as was passed in the case of Bhagirath Balai & Ors. Vs. State of Rajasthan & Ors., S.B. Civil Writ Petition No.5154/2014, decided on 23rd July, 2014. For convenience, the order aforesaid is reproduced hereunder:
Grievance of petitioners is that despite their rendering services as Home Guards with respondents continuously from the year 1995/1996 till 31.07.2009, the respondents are not allowing their reappointment as such, pursuant to order No.10423-61 dated 01.05.2013 thereby permitting enrollment of willing volunteers who were discharged for reasons other than disciplinary and medical grounds against the vacancies of future years subject to the conditions of fulfillment of expected norms and selection process as per the Rules, as in the application form the respondents have put condition no.7 to the effect that earlier discharged Home Guards would not be eligible for recruitment. The petitioners were not discharged either on disciplinary or medical ground. Condition of the respondents in the application form is contrary to Rule 8(ii) of the Rajasthan Home Guard Rules, 1962, and also the order dated 01.05.2013 of the respondent no.3. Rule 8(ii) of the Rules of 1962 provides that a person appointed shall be entitled for reappointment.
Having regard to the controversy raised in this writ petition, instead of directly entertaining the same, the petitioners are required to approach the respondent no.2 the Director General of the Police Home Guards and Civil Defence, Government of Rajasthan, Jaipur, by way of filing representation along-with a copy of this order, who shall, after verifying the facts, consider and decide the same by appropriate speaking order addressing their grievance within a period of three months from the date of its making, or otherwise give reasons.
Writ petition accordingly stands disposed of. This also disposes of stay application.
[M.N.BHANDARI], J.
FRBOHRA Certificate:
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
FATEH RAJ BOHRA, Sr. P.A.