Dismissed

Chitar Mal Sweeper v. Beena Pradhan and Others

Rajasthan HC15 Sept 2014CCP/391/2013

Case brief

AI extract

What is this about?

This order dismisses a contempt petition alleging non-compliance with a 2012 regularization direction. The court accepted that a committee found the petitioner ineligible for the specific circular, as he performed work under different funding sources. The dismissal directs the petitioner to seek remedies against the substantive rejection order.

What the court decided

AI extract

Chitar Mal Sweeper Vs Beena Pradhan and… — Pension and Retirement Benefits | Rajasthan HC (2014)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR

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O R D E R IN

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S.B. CIVIL CONTEMPT PETITION NO.391/2013 IN S.B. CIVIL WRIT PETITION NO.5780/2004 [Chitar Mal Sweeper Vs. Vikas Sita Ram Bhale & Ors.]

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Date of Order : 15.09.2014

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HON'BLE MR. JUSTICE ALOK SHARMA

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None present for the petitioner. Mr. Lokesh Katara, OIC for the respondents. BY THE COURT

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Non-compliance of the order 06.10.2012, passed by this Court has been alleged in this contempt petition. Vide the aforesaid order this Court had disposed of the petitioner's writ petition in terms of the order of this Court in SBCWP No.7057/2011 in the case of Kailash Vs. State of Rajasthan & Ors. A perusal of the order in the case of Kailash (Supra) indicates that the respondents were directed to screen the petitioner for regularization of service on the post of sweeper with reference the circular dated 27.02.2009.

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Reply to the contempt petition has been filed. It has been stated in the reply that in compliance with the order dated 06.10.2012, passed by this Court, the Committee constituted in terms of Rule 6(4) of the Rajasthan Class-IV Service (Recruitment and other Service Conditions), Rules, 1999 (hereinafter 'Rules of 1999') convened its meeting on 31.07.2013 and considered the case of the petitioner. On consideration, the Committee noted that from January, 1981 the petitioner intermittently worked as part-time labour in Government Secondary School, Taskola (Kotputli) cleaning the toilets

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and urinals and he was paid his remuneration from January, 1981 to May, 2012 from the students fund and from June, 2012 he was being paid his remuneration from the School Development Fund. The Committee therefore conclusively observed that the case of the petitioner was not covered by the circular dated 27.02.2009 issued by the Department of Personnel. The photo copy of the minutes of the meeting dated 31.07.2013 have been annexed to the reply to the contempt petition as Annexure-R/1. On the basis of the decision taken by the Committee in its meeting dated 31.07.2013, the District Education Officer (Secondary), Jaipur-I, Jaipur rejected the petitioner's claim for regularization vide a speaking and reasoned order dated 02.04.2014. The photo copy of the order dated 02.04.2014 has been annexed to the reply to the contempt petition as Annexure-R/2.

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In view of the reply to the contempt petition, no contempt as alleged in this petition is made out.

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The contempt petition is therefore dismissed. Notices discharged.

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The petitioner, if aggrieved, shall however be free to take his remedy in accordance with law against the order dated 02.04.2014, passed by the respondents dismissing his claim for regularization.

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MS/-

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All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, P.A.

Chitar Mal Sweeper v. Beena Pradhan and Others

Case brief

What is this about?

What the court decided

Chitar Mal Sweeper v. Beena Pradhan and Others

Case brief

What is this about?

What the court decided

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