Dismissed

Ramji Lal Gurjar v. Jaipur Municipal Corp and Anr.

Rajasthan HC4 Mar 2010CW/2935/2010

Case brief

AI extract

What is this about?

Petitioner sought regularization of services as a Vehicle Driver, relying on a prior judgment and a judgment in a similar case. The Court rejected the claim, holding that posts in the Schedule must be filled per the Rules, 1963, and back-door appointments do not entitle regularization.

What did the court decide?

No regularization of service; writ petition dismissed as without merit.

Ramji Lal Gurjar Vs Jaipur Municipal Corp… — Pension and Retirement Benefits | Rajasthan HC (2010)

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CWP 2935/2010

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[1]

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH

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SB Civil Writ Petition No.2935/2010 Ramji Lal Gurjar Vs.

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Jaipur Municipal Corporation & anr.

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DATE OF ORDER : 04/03/2010

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HON'BLE MR. JUSTICE AJAY RASTOGI

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Mrs. Sudesh Kasana, for petitioner.

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Counsel for petitioner submits that the petitioner is working as Vehicle Driver since 01/04/2003 in Jaipur Municipal Corporation but despite he has rendered service satisfactorily still has not been considered for regularization despite representation being submitted by him.

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Counsel further submits that in CWP-5303/2008 (Lachchhi Ram Sharma Vs. Jaipur Municipal Corporation & anr) filed by the person similarly situated, the Court directed vide order dated 17/09/2008 to regularize his services on the post of Vehicle Driver.

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In the opinion of this Court, the submission is without substance for the reason that the post of Vehicle Driver is included in the Schedule appended to the Rajasthan Municipal (Subordinate & Ministerial Services) Rules, 1963. In the absence of appointment being made in terms of the procedure laid down under the Rules, 1963, the incumbent, merely because of being appointed as a back door entry, cannot claim regularization of service and this has been considered by the Apex

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CWP 2935/2010

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[2]

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Court in the judgment reported in (2006)4 SCC 1 (Secretary, State of Karnataka & ors Vs. Uma Devi & 3 ors.). So far as the judgment on which counsel has placed reliance, this fact has not come on record in regard to the mode of recruitment being followed while considered for regularization of service by the Court, it is of no assistant to the petitioner.

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Consequently, the writ petition is without merit and it is accordingly dismissed.

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[AJAY RASTOGI], J.

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Raghu-2935-CW-2010-final-pro.sus.doc

Ramji Lal Gurjar v. Jaipur Municipal Corp and Anr.

Case brief

What is this about?

What did the court decide?

Ramji Lal Gurjar v. Jaipur Municipal Corp and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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