Intra-court appeal by former enumerators seeking regular appointment and participation in selection despite crossing age limits. Bench dismissed appeal, upholding Single Judge's order as futile.
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D.B.Special Appeal (Writ) No.1043/2014. Ram Sharan Mathur & Ors. VERSUS State of Raj & Ors.
D.B.Special Appeal (Writ) No.1043/2014.
Ram Sharan Mathur & Others. VERSUS State of Rajasthan & Others. 15.12.2014.
HON'BLE MR.JUSTICE AJAY RASTOGI HON'BLE MR.JUSTICE J.K.RANKA
Mr.Himmat Singh, Counsel for appellants.
This intra-court appeal has been filed against order of the ld.Single Judge dt.13.05.2014.
The appellants, four in number, worked on the post of Enumerator, which according to the appellants, is one of the post appended to the Schedule of the Rajasthan Industries Subordinate Service Rules, 1996 and the department has never taken care to fill the post held by them through regular process of selection, as contemplated under the scheme of Rules.
Indisputably, all the four appellants have crossed the upper age limit, as informed to this court and are about 50 years of age. Earlier a joint writ petition came to be filed by the appellants (S.B.Civil Writ Petition No.828/1991) with the grievance that the State should be directed to absorb the appellants on the post of Inspector, which is at par with the post of Enumerator and they should be given regular pay-scale and that petition came to be disposed of by the ld.Single Judge vide order dt.19.09.1994 observing that if the regular appointments are made in future, the petitioners may also be given liberty to participate in the process of selection under the scheme of Rules, 1996.
The present petition, thereafter came to be preferred by the appellants with the grievance that almost two decades have rolled
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D.B.Special Appeal (Writ) No.1043/2014. Ram Sharan Mathur & Ors. VERSUS State of Raj & Ors.
by now but still the respondent-State failed to initiate regular process of selection under the scheme of Rules and thus, the respondent-State failed to comply with the directions of this court in the earlier writ petition and at least their candidature may now be considered for regular appointment.
The ld.Single Judge of this court, after taking note of the material available on record, was of the view that issuance of such directions at least at such a belated stage will not be advisable and that too after more than 20 years and apart from it, in our considered view, whenever the vacancies are advertised, the applicants have to fulfill the eligibility conditions, enumerated in the advertisement, which is always in conformity with the conditions/scheme of Rules and at least when all the appellants have crossed the upper age limit, prescribed under the scheme of Rules, and even if the vacancies are now advertised, either of them does not hold eligibility to participate in the selection process and their present complaint is nothing but an exercise in futility.
We do not find any error in the order impugned passed by the ld.Single Judge which requires interference by this court in the instant intra-court appeal.
Consequently, the instant intra-court appeal is devoid of merit, accordingly stands dismissed.
(J.K.RANKA),J. (AJAY RASTOGI),J.
All corrections made in judgment/order have been incorporated in the judgment/order being emailed. Solanki DS, Sr.P.A.
Ram Sharan Mathur & Ors.
State of Rajasthan & Ors.
Ajay Rastogi
J.K. Ranka
As recorded by the court registry
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