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Rajasthan High Court - Jodhpur

Ashok Kumar Khatri & Ors vs State Of Raj. & Ors on 5 December, 2013

Author: Vijay Bishnoi

Bench: Vijay Bishnoi

                                       S.B. CIVIL WRIT PETITION NO.12483/2012
                      Ashok Kumar Khatri & Ors. V/S State of Rajasthan & Ors.

                          1


IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 AT JODHPUR


                      O R D E R


      S.B. CIVIL WRIT PETITION NO.12483/2012
            Ashok Kumar Khatri & Ors.
                       V/S
            State of Rajasthan & Ors.


Date of Order                 :       05th December, 2013


                         PRESENT

        HON'BLE MR. JUSTICE VIJAY BISHNOI

Mr. Manoj Bhandari, for petitioners.
Mr. Vimal Mathur, for respondents.


BY THE COURT:-

By this petition, the petitioners have claimed that they 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 Store Munshi/LDC 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 S.B. CIVIL WRIT PETITION NO.12483/2012 Ashok Kumar Khatri & Ors. V/S State of Rajasthan & Ors. 2 Rules, 1964 (for short 'the Rules of 1964' hereinafter), the petitioners are 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 petitioners, the controversy involved in this writ petition has already been decided and, therefore, the petitioners are entitled to be granted semi- permanent status and permanent status as Store S.B. CIVIL WRIT PETITION NO.12483/2012 Ashok Kumar Khatri & Ors. V/S State of Rajasthan & Ors. 3 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 petitioners in accordance with the Rules of 1964, on the post of Store Munshi.

[VIJAY BISHNOI],J.

Abhishek 267