Rajasthan High Court - Jodhpur
State Of Raj. & Anr vs Dilip Lodha on 11 October, 2017
Author: Chief Justice
Bench: Chief Justice
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1) D.B. Special Appeal (Writ) No. 1714 / 2014
1. Rajasthan Tribal Area Development Corporative Federation
Ltd., Janjati Vikas Bhawan, Pratap Nagar, Udipur, through its
Managing Director.
2. Managing Director, Rajasthan Tribal Area Development
Corporative Federation Ltd., Janjati Vikas Bhawan, Pratap
Nagar, Udaipur. ----Appellants
Versus
1. Mohammed Ayub s/o Shri Suleman Ji, R/o Inside Hathi Pole,
Udaipur.
2. Director, Sanitation Water and Community Health (SWACH),
Project, Alkapuri, Udaipur.
3. Commissioner, Tribal Area Development Department-cum-
Chairman, Sanitation Water and Community Health (SWACH)
Project, (Divisional Commissioner Udaipur).
4. Sanitation Water and Community Health (SWACH) Project,
Alkapuri, Udaipur.
5. State of Rajasthan through Secretary, Tribal Area
Development Department, Govt. of Rajasthan, Jaipur.
----Respondents
Connected With
(2) D.B. Special Appeal (Writ) No. 149 / 2015
1. State of Rajasthan through Divisional Commissioner, Udaipur.
2. Commissioner, Tribal Area Development Department,
Udaipur. ----Appellants
Versus
1. Dilip Lodha son of Shri Dhanak Loal Lodha resident of 82/3,
Ashok Nagar, Udaipur.
2. Sanitation, Water and Community Health Project (SWACH)
through Chairman, Udaipur.
----Respondents
_____________________________________________________
For Appellant(s) : Mr. Deelip Kawadia,
Mr. Rishab Tayal on behalf of
Mr. K.L. Thakur, AAG.
For Respondent(s) : Mr. Rajat Dave, Mr. Manoj Bhandari.
_____________________________________________________
(2 of 4)
[SAW-1714/2014]
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAMCHANDRA SINGH JHALA
Order 11/10/2017
1. By a common decision dated 11.09.2014 writ petitions filed by the first respondent in the two captioned appeals: Dilip Lodha and Mohammed Ayub have been allowed with a direction that the Tribal Area Development Department and Rajasthan Tribal Area Development Sahakari Sangh a wing of the Tribal Area Development Department, shall treat the two as their employees with effect from the date the two were transferred to the Department and Sahakari Sangh respectively.
2. The impugned decision follows the law declared by a Division Bench of this Court in D.B. Special Appeal (Writ) No.935/2000, Ramesh Chandra vs. State of Rajasthan & Ors. decided on 20.01.2011, which in turn followed that law declared in D.B. Special Appeal (Writ) No.1573/2002.
3. Relevant facts to be noted are that Dilip Lodha was appointed as an LDC by the State of Rajasthan for a project; Sanitation Water and Community Health (SWACH). Mohammed Ayub was appointed as a Driver by the State of Rajasthan in the SWACH Project.
4. The Government took a decision to close the Project with effect from 01.01.1996. The employees of the Project faced termination of their services, and the Government took a decision to transfer the employees to either Tribal Area Development (3 of 4) [SAW-1714/2014] Department or the Rajasthan Tribal Area Development Sahakari Sangh Limited. Dilip Lodha was transferred to the former and Mohammed Ayub to the latter.
5. An office order dated 30.03.1995 was issued containing names of 53 employees of SWACH Project whose services were transferred to either the Tribal Area Development Department or the Sahakari Sangh in which name of Dilip Lodha is at serial No.7. The name of Ramesh Chandra at serial No.48, and that of Bhanwar Singh Bhati at serial No.37.
6. Neither Dilip Lodha nor Mohammed Ayub nor Ramesh Chandra nor Bhanwar Singh Bhati were permitted to join. The four filed writ petitions. The writ petitions filed by Ramesh Chandra was dismissed on 18.09.2000 against which he filed D.B. Special Appeal (Writ) No.935/2000. It so transpired that Bhanwar Singh Bhati, whose name is at serial No.37 of the office order dated 30.03.1995 was likewise not given appointment on being transferred and he too had approached the Court.
7. Bhanwar Singh Bhati was granted relief in D.B. Civil Writ Petition No.1573/2002 and on said reasoning the Division Bench granted relief to Ramesh Chandra.
8. The reasoned decision is in the proceedings initiated by Bhanwar Singh Bhati.
9. Suffice it to state that all persons whose names were mentioned in the office order dated 30.03.1995 are similarly situated. On closure of the SWACH Project their services were directly to be absorbed by transfer in different departments of the (4 of 4) [SAW-1714/2014] State. The issue concerning rights flowing in favour of said persons stand decided by two Division Bench Judgments as noted hereinabove and thus the impugned decision insofar it concerns Dilip Lodha passed by the learned Single Judge needs to be upheld as the issue has attained finality.
10. As regards Mohammed Ayub, notwithstanding his name not being in the office order dated 30.03.1995 which contains the names of the officers and clerical staff, suffice it to note that undisputedly Mohammed Ayub was also transferred in the SAWCH Project of the State of Rajasthan. His appointment was on 08.08.1989. He was directed to be transferred to the Sahakari Sangh and thus even he would be entitled to the same relief as would be Dilip Lodha.
11. Two writ appeals are accordingly dismissed. (RAMCHANDRA SINGH JHALA)J. (PRADEEP NANDRAJOG)CJ. Mohit Tak