The Court ordered the petitioner to submit a representation to the constituted committee within 10 days. Appointment to the post of Gram Panchayat Sahayak was barred until the committee's disposal.
Petitioner directed to submit representation to the committee within 10 days; appointment to post barred until committee decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No.11620/2018
Dinesh Singh Raghav S/o Mahaveer Singh Raghav, R/o Village And Post Khohar, Tehsil Behror, District Alwar, Rajasthan.
----Petitioner
Versus
----Respondents For Petitioner(s) : Mr.R.P. Saini. For Respondent(s) : Mr.S.K. Gupta, AAG.
HON'BLE MR. JUSTICE ALOK SHARMA
Order
14/12/2018
Counsel for the parties agree that the issue in this writ petition is covered by the judgment of this court in the case of Sushma & Anr. Versus The State of Rajasthan & Ors. (S.B Civil Writ Petition No. 22659/2017; decided on 1-12-2018) and other connected matters.
(2 of 2) [CW-11620/2018]
In view of fair concession of counsel for the parties, the order of this court in the case of Sushma & Anr. Versus The State of Rajasthan (supra) shall apply mutatis mutandis to the case of the petitioner.
Accordingly I would dispose of this petition setting the petitioner at liberty to submit his representation alongwith supporting documents to the jurisdictional committee constituted in terms of the judgment passed by the Principal Seat of this Court in the case of Malu Ram Versus State of Rajasthan (SBCWP No. 4374/2018) comprised of District Collector as the Chairman and Chief Executive Officer and DEO as member within 10 days from today. The petitioner should ventilate his grievance in the representation to the Committee.
In the event of the aforesaid representation alongwith supporting documents being filed by the petitioner within 10 days from today, the Committee is directed to dispose of the representation within three weeks of its receipt strictly in terms of the guidelines formulated by the concerned SDMC for appointment of Gram Panchayat Sahayaks. Till disposal of the representation now to be filed by the petitioner pursuant to the court’s order, no appointment to the post of Gram Panchayat Sahayak in respective Gram Panchayat shall be made by extension / renewal of subsisting contract, as directed by the Principal Seat of this Court in the case of Malu Ram Versus State of Rajasthan (supra).
The petition stands disposed of accordingly.
(ALOK SHARMA),J
Karan/2
2 issues framed by the court
Whether the petitioner is entitled to representation before a committee constituted for appointing Gram Panchayat Sahayaks before his appointment is deferred.
Whether the petitioner can be set at liberty to submit representation before the committee to ventilate his grievance regarding appointment.
Colour shows how this judgement treated each authority
Sushma & Anr. Versus The State of Rajasthan & Ors.Relied on¶18
Sushma & Anr. Versus The State of Rajasthan & Ors. (S.B Civil Writ Petition No. 22659/2017; decided on 1-12-2018)
Malu Ram Versus State of RajasthanApplied¶21
Malu Ram Versus State of Rajasthan (SBCWP No. 4374/2018)
Dinesh Singh Raghav
The State Of Rajasthan Through Its Secretary, Panchayati Raj Department
The Principal Education Secretary
The Director Primary Education, Bikaner
The District Collector, Alwar
The Chief Executive Officer, Zila Parishad, Alwar
AlOk SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
