Disposed

Rajendra Prasad Saini Son of Shri Moolchand Saini v. State of Rajasthan, through Secretary

Rajasthan HC1 Jun 2019CW/24495/2018

Case brief

AI extract

What is this about?

The High Court disposed of interconnected writ petitions challenging selection cancellations without examining merits, noting the petitioners' interim tenure had expired per the Additional Advocate General.

What did the court decide?

The writ petitions were disposed of without examining merits as the interim tenure of the petitioners had expired; liberty granted for fresh selection.

Rajendra Prasad Saini Son of Shri Moolchand Saini… — Service and Employment | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 24472/2018

¶3

Shri Ram Raigar Son Of Shri Shambhu Ram Raigar, Aged About 38 Years, Resident Of Village Rampura Khurd, Post Bajrangpura, Via Bhabharu, Tehsil Virat Nagar, District-Jaipur (Raj.).

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Secretary, Department Of Panchayati Raj, Secretariat, Jaipur (Rajasthan).

¶7

Secretary, Government Of Rajasthan, Department Of Rural Development And Panchayati Raj, State Secretariat, Jaipur.

¶8

District Education Officer, Elementary Education, Jaipur. (Rajasthan)

¶9

Chief Executive Officer, Zila Parishad, Jaipur (Rajasthan). 5. District Collector, Jaipur (Rajasthan)

¶10

Panchayat Prarmbhik Shiksha Adhikari, Cum Principal, Govt. Adarsh Senior Secondary School, Antela, Tehsil Viraat Nagar, District Jaipur.

¶11

Gram Panchayat Kairli, Panchayat Samiti Virat Nagar Through Its Secretary. Dist. - Jaipur

¶12

----Respondents

¶13

Connected With

¶14

S.B. Civil Writ Petition No. 24476/2018

¶15

Naresh Chand Meena Son Of Shri Mamraaj Meena, Aged About 46 Years, Resident Of V.p.o. Antela, Tehsil Virat Nagar, District Jaipur (Raj.)

¶16

----Petitioner

¶17

Versus

¶18

State Of Rajasthan Through Secretary, Department Of Panchayati Raj, Secretariat, Jaipur (Rajasthan)

¶19

Secretary, Government Of Rajasthan, Department Of Rural Development And Panchayati Raj, State Secretariat, Jaipur.

¶20

District Education Officer, Elementary Education, Jaipur (Rajasthan)

¶21

(2 of 5)

¶22

[CW-24472/2018]

¶23

Chief Executive Officer, Zila Parishad, Jaipur (Rajasthan)

¶24

District Collector, Jaipur (Rajasthan)

¶25

Panchayat Prarmbhik Shiksha Adhikari Cum Principal, Govt. Adarsh Senior Secondary School, Antela, Tehsil Viraat Nagar, District Jaipur.

¶26

Gram Panchayat Antela, Panchayat Samiti Virat Nagar Through Its Secretary, Dist. Jaipur.

¶27

----Respondents

¶28

S.B. Civil Writ Petition No. 24495/2018

¶29

Rajendra Prasad Saini Son Of Shri Moolchand Saini, Aged About 33 Years, Resident Of Village Kairli, Tehsil Virat Nagar, District Jaipur (Raj.)

¶30

----Petitioner

¶31

Versus

¶32

State Of Rajasthan, Through Secretary, Department Of Panchayati Raj, Secretariat, Jaipur (Rajasthan)

¶33

Secretary, Government Of Rajasthan, Department Of Rural Development And Panchayati Raj, State Secretariat, Jaipur.

¶34

District Education Officer, Elementary Education, Jaipur (Rajasthan)

¶35

Chief Executive Officer, Zila Parishad, Jaipur (Rajasthan) 5. District Collector, Jaipur (Rajasthan)

¶36

Panchayat Prarmbhik Shiksha Adhikari Cum Principal, Govt. Adarsh Senior Secondary School, Antela, Tehsil Viraat Nagar, District Jaipur.

¶37

Gram Panchayat, Kairli, Panchayat Samiti Virat Nagar Through Its Secretary, Dist. Jaipur.

¶38

----Respondents

¶39

S.B. Civil Writ Petition No. 24500/2018

¶40

Reena Yadav Daughter Of Shri Nihal Singh Yadav, Aged About 32 Years, Resident Of Village Hanumaan Nagar, Tehsil Virat Nagar, District-Jaipur (Raj.).

¶41

----Petitioner

¶42

Versus

¶43

State Of Rajasthan, Through Secretary, Department Of Panchayati Raj, Secretariat, Jaipur (Rajasthan).

¶44

(3 of 5)

¶45

[CW-24472/2018]

¶46

Secretary, Government Of Rajasthan, Department Of Rural Development And Panchayati Raj, State Secretariat, Jaipur.

¶47

District Education Officer, Elementary Education, Jaipur. (Rajasthan)

¶48

Chief Executive Officer, Zila Parishad, Jaipur (Rajasthan). 5. District Collector, Jaipur, (Rajasthan).

¶49

Panchayat Prarmbhik Shiksha Adhikari, Cum Principal, Govt. Adarsh Senior Secondary School, Antela, Tehsil Viraat Nagar, District Jaipur.

¶50

Gram Panchayat, Antela, Panchayat Samiti Virat Nagar Through Its Secretary. Dist. - Jaipur.

¶51

----Respondents

¶52

For Petitioner(s) : Mr. Akhil Simlote For Respondent(s) : Mr. C. L. Saini, AAG Mr. Raghu Nandan Sharma Mr. Shantnu Kumawat on behalf of Dr. Ganesh Parihar

¶53

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

¶54

Order

¶55

01/06/2019

¶56

By this present batch of writ petitions, the petitioners have challenged the orders passed by the respondents whereby the representations were to be considered by the appointing authority and after considering the grievances of different people, selection of Gram Panchayat Shayak was to be considered as per the directions issued by the State Government from time to time.

¶57

This court finds that in the writ petition No. 24472/2018, the order dated 18.10.2018, cancelling the selection of the petitioner, has been challenged and this court on 31.10.2018 passed the interim order and stayed the operation of the order dated

¶58

(4 of 5)

¶59

[CW-24472/2018]

¶60

18.10.2018 and the petitioner was allowed to continue as Gram Panchayat Shayak.

¶61

This court had asked learned Additional Advocate General Mr. C. L. Saini with respect to the policy of the State Government to allow the Gram Panchayat Shayak and further to inform this Court about tenure of such persons.

¶62

This Court had granted time to learned Additional Advocate General on 09.05.2019 to seek instructions with regard to the policy of the State in respect of post of Gram Panchayat Shayak.

¶63

Learned Additional Advocate General Mr.C.L. Saini submitted that due to interim order passed by this Court, the petitioners were continued and their term of appointment was for one year and accordingly, the term of such employee come to an end on 31.05.2019.

¶64

Learned counsel submitted that the respondents may be given liberty to undertake the process of making selection.

¶65

Learned counsel Mr.Raghunandan Sharma, appearing for the private respondents, submitted that the order dated 18.10.2018 was passed on a wrong premise wherein the selection process itself was cancelled while the private respondent was found meritorious and he was to be recommended for appointment.

¶66

Counsel submitted that the order dated 18.10.2018 is also challenged by the respondents by filing in S.B. Civil Writ Petition Nos. 9970/2019 (Somendra kumar Mishra vs. State of Rajasthan & Ors.) and 9972/2019 (Mahaveer Prasad Jat Vs. State of Rajasthan & Ors.) and notices have been issued in the said cases.

¶67

This Court finds that the petitioners, who were allowed to continue by virtue of interim order, have completed their tenure of one year.

¶68

(5 of 5)

¶69

[CW-24472/2018]

¶70

This Court is not examining merits of the order dt. 18.10.18 but keeping in mind the statement given by learned Additional Advocate General, disposes of the writ petitions. The respondentState is free to proceed as per law and as per their policy in respect of appointment of Gram Panchayat Sahayak.

¶71

A copy of this order be separately placed in each connected

¶72

file.

¶73

(ASHOK KUMAR GAUR),J

¶74

Preeti/11-14

Rajendra Prasad Saini Son of Shri Moolchand Saini v. State of Rajasthan, through Secretary

Case brief

What is this about?

What did the court decide?

Rajendra Prasad Saini Son of Shri Moolchand Saini v. State of Rajasthan, through Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Chitralekha Yadav D/O Shri Ishwerdeen Yadav W/O Shri Arun Kumar Yadav Vs the State of Rajasthan

Subodh Kumar Dhaker S/O Sh. Kashiramji Vs the State of Rajasthan

Vikram Singh S/O Shri Bhav Singh Vs Jaipur City Transport Services Limited

Rajasthan State Co-Operative Consumer Federation Limited Vs Fateh Singh S/O Shri Kalyan Singh

Hari Shankar Sharma Vs State of Raj and Ors.

Baldev Singh Fauzdar S/O Shri Atar Singh Vs State of Rajasthan