The Single Bench of the High Court of Rajasthan at Jodhpur disposed of the writ petition holding the issues are no longer res-integra as they were covered by the decision in Malu Ram. The petition was disposed of in terms of that judgment.
None; Petition disposed of on the merits of the precedent.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 6813 / 2018
Kavita Tailor D/o Shri Damodar Tailor, Aged About 32 Years, Village Mehrana Post Javla Teh. Degana District Nagaur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. K.P.S. Bhati
For Respondent(s) : Mr. Vikas Choudhary for Mr. S.S. Ladrecha, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
18/05/2018
"26. In light of aforementioned submissions made by the learned counsel for the parties, this Court is of the opinion that already there is an existing directions to the respondents to lay down a common criteria for selection on the post of Gram Panchayat Sahayak to be made afresh, which is there in the judgment of Pawan Kumar (supra), and
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the respondents are under a legal obligation to work out a criteria, which shall, after giving appropriate weightage to the experience and merit as well as other eligibility conditions for the contractual post of Gram Panchayat Sahayak, shall be followed for the next round of recruitment. The sufficient directions are already existing in the judgment of Pawan Kumar (supra) regarding the same.
27. The limited issue of adjudication before this Court in the present dispute is that the petitioners are seeking redressal of consideration of their points regarding their experience, merit and other issues by the respondents for considering them to be appointed as Gram Panchayat Sahayaks in their respective claimed Gram Panchayats, before the fresh rights are created by the new recruitment process or by extension / renewal of the existing contract. It is further made clear that this adjudication is only qua the petitioners who have approached this Court and shall operate only in respect of those Gram Panchayats where the dispute has been raised by the petitioners.
28. In view of the above, this Court deems it appropriate to issue the following directions :-
(i) The respondents shall constitute a Committee comprising of CEO Zila Parishad concerned, DEO Elementary Education concerned, DEO Secondary Education concerned and BEEO concerned. The petitioners shall give fresh representations to such Committee constituted by the Zila Parishad. The Committee shall be required to operate with a quorum of at least two members of the aforesaid four members Committee, which have been suggested by the Additional Advocate General himself in the presence of the DEO Legal Elementary, Jodhpur.
(ii) The Committee shall make the necessary consideration of each dispute and pass specific orders with reasons to accept or deny the causes taken up by the petitioners in their representations.
(iii) If the grievances of the petitioners is affecting
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any third party then the Committee shall be required to give sufficient opportunity of hearing to the third party as well, before coming to the conclusion regarding the dispute in question.
(iv) The respondents shall not conduct any fresh selection process for the post of Gram Panchayat Sahayak in the Gram Panchayats where the dispute has been raised by the petitioners, until a proper speaking order is passed upon the representation by the Committee.
(vi) The respondents, therefore, shall be required to hear all the parties concerned and affected, through their Committee a quorum of which has already been laid down by this Court with the assistance of the learned Additional Advocate General, and until the conclusion in the shape of speaking order is made by the Committee concerned, any further selection process in the Gram Panchayats regarding the post of Gram Panchayat Sahayak concerned where the dispute has been raised by the petitioners, in particular, shall not be made.
(vii) This order shall not operate qua any person, who is not the petitioner before this Court, and for the Gram Panchayats where the disputes are already being resolved, as per the earlier judgments, the authority shall be free to take appropriate legal recourse.
(viii) The respondents shall be required to complete this exercise as expeditiously as possible within the
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outer of limit of two months.
29. With the aforesaid observations and directions, the present writ petitions are disposed of."
(DR. PUSHPENDRA SINGH BHATI)J.
Sanjay
1 issue framed by the court
Whether the writ petition raised regarding Gram Panchayat Sahayak post disputes is res-integra given prior connected Writ Petition decision.
Colour shows how this judgement treated each authority
Kavita Tailor
State of Rajasthan
Chief Executive Officer, Zila Parishad, Nagaur
District Education Officer, Primary Education, Nagaur
Gram Panchayat Rajlota
Pusphendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
