An appeal against dismissal of a writ petition challenging non-regularization of an employee. The court held that the matter must be disposed by directing respondents to consider the petitioner's regularization as per Supreme Court directions made on 29.3.1996 within three months.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. CIVIL SPECIAL APPEAL (W) NO. 1523/2014 Kuya Ram Vs. State of Rajasthan & Ors.
DATE OF ORDER : : : 27.4.2015
HON'BLE MR. GOVIND MATHUR, J. HON'BLE MISS JAISHREE THAKUR, J.
Mr.S.P. Sharma,for the appellant. Mr.Sanjay Raj Paliwal, for the respondent/s.
This Court while accepting SBCWP No. 476/1994 by the judgment dated 6.7.1994 allowed regular pay scale to the petitioner pertaining to the post of `Chowkidar’ with annual grade increments and other allowances w.e.f. 18.1.1994. The appeal giving challenge to the judgment aforesaid came to be dismissed by Division Bench of this Court on 30.9.1994. The matter then was taken up to the Hon’ble Supreme Court and the same was decided along with several other similar matters on 29.3.1996. Before the Hon’ble Apex Court, the respondent State placed on record a scheme for regularization of the employees working with it and different Govt. hostels run by the Social Welfare Department. As per the scheme aforesaid case of the persons who were in service on 01.5.1995 were to be considered for regularization. The petitioner though was in employment of the respondents in the year 1995 and subsequent thereto but his
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case was not considered for regularization, thus, he approached this Court by way of filing a petition for writ for compliance of the directions given by this court in his writ petition i.e. SBCWP No. 476/1994. The writ petition came to be dismissed by the judgment dated 14.8.2014 with a finding that no writ in the nature of mandamus can be issued for implementation of the directions given vide judgment dated 06.4.1994.
Being aggrieved by the same, this appeal is preferred. Without entering into the question as to whether any writ in the nature of mandamus can be issued for compliance of the directions already given, having considered the fact that the petitioner is in employment since 1995, we deem it appropriate to dispose of this appeal by directing the respondents to consider case of the petitioner as per the directions given by Hon’ble Supreme Court in the case of State of Rajasthan & Ors. Vs. Mod Singh SLP (Civil) No. 16403/95 decided on 29.3.1996 and if he is found entitled for regularization in service, the same be made as per the directions by the Apex Court compliance of the directions should be made within the period of three months from today. The appeal stands disposed of accordingly.
No order as to cost.
(JAISHREE THAKUR), J.
(GOVIND MATHUR), J.
ns. 57
1 issue framed by the court
Whether the petitioner is entitled to be considered for regularization under the Supreme Court scheme despite missing the initial cutoff date
Colour shows how this judgement treated each authority
State of Rajasthan & Ors. Vs. Mod SinghReferred¶10
State of Rajasthan & Ors. Vs. Mod Singh SLP (Civil) No. 16403/95
Kuya Ram
State of Rajasthan
GOVIND MATHUR
JAISHREE THAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
