Rajasthan High Court - Jaipur
Roshan Lal Saini vs State Of Raj And Ors on 9 March, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B.Civil Writ Petition No. 18056 / 2015
Roshan Lal Saini
----Petitioner
Versus
State Of Raj And Ors
----Respondent
_____________________________________________________
For Petitioner(s) : Mr. Manoj Pareek
For Respondent(s) : Mr. Manu Bhargava
_____________________________________________________
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Judgment
09/03/2017
The present writ petition has been filed under Article
226 of the Constitution of India, praying that a direction be issued
to the respondents to regularize the services of the petitioner.
In the present writ petition, it is pleaded that the
petitioner was initially appointed as Driver on 1.10.1991 at Nagar
Palika, Vidhay Vihar, Pilani. His services were terminated on
6.1.1996. He raised an industrial dispute and the labour court on
29.1.2009, had passed an award in favour of the employee.
Consequently, the petitioner was reinstated as Driver at Nagar
Palika, Vidhya Vihar, Pilani.
In the present case, it is pleaded that even though the
petitioner has rendered service for twenty four years, his services
have not been regularized.
This Court on 3.3.2017, had passed the following
order:-
(2 of 4)
[CW-18056/2015]
"The learned counsel appearing for the petitioner
contends that the petitioner is working as a Driver from last twenty-four years and his services have not yet been regularized, even though a Scheme has been formulated by the State Government.
The Executive Officer, Nagar Palika, Vidhya Vihar, Pilani, District Jhunjhunu is directed to remain present in person before this Court to show cause as to why the services of the petitioner have not been regularized.
List on 09.03.2017.
Let a copy of this order, under the seal and signature of the Court Master, be handed over to Mr. Pushpendra Singh Naruka, who has caused appearance for Mr. Manu Bhargava, ld. Govt. Counsel, for the respondents, for onward transmission and necessary compliance."
In pursuance of the said order, Ms. Abhilasha, Executive Officer, Nagar Palika, Vidhya Vihar, Pilani, District Jhunjhunu in pre-lunch session, caused appearance in this Court. She informed this Court that after holding screening, recommendation was made to the Director, Local Self Government for regularization of the services of the petitioner long back and no response has been received from there.
Everyday this Court get five to seven writ petitions of the Class-IV employees or Drivers pertaining to the various Municipal Council, Municipal Corporation and Municipal Board (hereinafter called as 'Local Bodies'), seeking regularization. A common averment is raised in all the writ petitions that even though employee has completed more than ten years of service and State Government has issued instructions to this effect, their services are not being regularized. Upon appearance, on behalf of Local Bodies, often a plea is raised on their behalf that they have (3 of 4) [CW-18056/2015] forwarded the case of the employee or employees to the Director, Local Self Government and the case is not processed at the stage of the Directorate.
Today in pre-lunch session this Court had asked Mr. Manu Bhargava learned Govt. Counsel to call Director, Local Self Government.
Mr. Pawan Arora, Director, Local Self Government, is present in the court. He has handed over a copy of the order to the learned counsel for the petitioner, whereby services of the petitioner have been regularized.
So far this writ petition is concerned, the learned counsel for the petitioner has submitted that same has been rendered infructuous.
As prayed, the present writ petition is disposed of having been rendered infructuous.
Mr. Pawan Arora, Director, Local Self Government, has assured this Court that in pursuance of the litigation policy of the State, in order to ward off all unnecessary litigation which is pending and which may accrue in near future all proposals regarding regularization of the employees of various Local Self Bodies, shall be processed within one month from today and the decision taken thereupon, shall be communicated to the concerned employees and respective Local Bodies. Mr. Pawan Arora has also assured this Court that a Circular shall be issued within a period of one week from today directing all local bodies, to send the proposal of the employees who are eligible for regularization in consonance with the policy regarding (4 of 4) [CW-18056/2015] regularization adopted by the State Government. Mr. Pawan Arora has further assured this Court that he shall personally monitor and call from all respective local bodies proposals regarding regularization of the employees who have become eligible. He has further undertaken before this Court that once proposal is received, within one month of the receipt of proposal, decision shall be taken thereupon.
This Court commend the interest shown by the officer to resolve pending litigation and litigation which may arise in future. This court repose trust in the officer that needful shall be done in consonance with the statement made by him today.
A copy of this order under the seal and signature of the Court Master be handed over to Mr. Manu Bhargava, for onward transmission and necessary compliance.
A further direction is issued to the Director, Local Self Government to widely circulate this order among all local self bodies.
(KANWALJIT SINGH AHLUWALIA)J. Mak/-