Allowed

Seema Narwal v. State of Raj and Ors.

Rajasthan HC14 Mar 2019CW/8998/2018

Case brief

AI extract

What is this about?

This common order disposed of multiple writ petitions wherein selected Safai Karamcharis were denied appointment due to a circular restricting family member employment. Relying on prior judgments, the court held the circular arbitrary and directed the respondent municipality to appoint the petitioners based on the select list.

What did the court decide?

Petitioners allowed; respondent directed to issue appointment orders to petitioners as Safai Karamcharis within 10 days based on select list merit.

Seema Narwal Vs State of Raj and Ors. — Pension and Retirement Benefits | Rajasthan HC (2019)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH ORDER

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Kaushalya Bai W/o Garib Das, aged about 42 years, B/c Harijan, R/o Mangrol, Tehsil Mangrol, District Baran, Raj.

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Versus

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The State of Rajasthan through Principal Secretary, Local Self Government, Jaipur.

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Commissioner, Municipality, Mangrol, District Baran, Raj.

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Manoj Kumar S/o Shri Babulal, aged about 27 years, B/c Mehtar (Harijan), R/o Behind The Temple of Murli Ji, Harijan Basti, Baran, Teh. & District Baran (Raj.)

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State of Rajasthan through Principal Secretary, Local Self Government Department, Government of Rajasthan, Government Secretariat, Jaipur.

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The Director Local Bodies, Government of Rajasthan, Residency Road, Jaipur.

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Nagar Parihsad, Baran, District – Baran (Raj.) through its Commissioner.

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Nagar Parishad, Baran, District – Baran (Raj.) through its Executive Officer.

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Seema Narwal D/o Shri Ram Kishan Narwal, aged about 24 years, B/c Mehtar (Harijan), R/o Khajurpura, Sanjay Colony Baran, Teh. & Distt.- Baran (Raj.)

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Versus

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State of Rajasthan through The Principal Secretary, Local Self Government Department, Government of Rajasthan, Government Secretariat, Jaipur.

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The Director, Local Bodies, Government of Rajasthan, Residency road, Jaipur.

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Nagar Parishad, Baran, District- Baran (Raj.) through its Commissioner.

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Nagar Parishad, Baran, District- Baran (Raj.) through Its Executive Officer.

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Nitin Khrara Harijan S/o Shri Pappu Lal Kharara, aged about 27 years, b/c Mehtar (Harijan), R/o Behind The Temple of Murli Ji, Harijan Basti, Baran, Teh. & Distt. Baran (Raj.)

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Versus

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State of Rajasthan through The Principal Secretary, Local Self Government Department, Government of Rajasthan, Government Secretariat, Jaipur.

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The Director, Local Bodies, Government of Rajasthan, Residency road, Jaipur.

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Nagar Parishad, Baran, District- Baran (Raj.) through its Commissioner.

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Nagar Parishad, Baran, District- Baran (Raj.) through Its Executive Officer.

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...Respondents

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Manish Harijan (Mehtar) S/o Shri Rampal Harijan (Mehtar), aged about 24 years, B/c Mehtar (Harijan), R/o Behind The Temple of Murli Ji, Harijan Basti, Baran, Teh. & Distt.- Baran (Raj.)

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...Petitioner Versus

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State of Rajasthan through The Principal Secretary, Local Self Government Department, Government of Rajasthan, Government Secretariat, Jaipur.

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The Director, Local Bodies, Government of Rajasthan, Residency road, Jaipur.

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Nagar Parishad, Baran, District- Baran (Raj.) through its Commissioner.

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Nagar Parishad, Baran, District- Baran (Raj.) through Its Executive Officer.

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...Respondents

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Sumitra Bai W/o Shri Surendra Kumar, aged about 44 years, B/c Mehtar (Harijan) R/o Sahabad Ward, Harijan Basti Barah, Teh. & Distt- Baran (Raj.)

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Versus

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State of Rajasthan through The Principal Secretary, Local Self Government Department, Government of Rajasthan, Government Secretariat, Jaipur.

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The Director, Local Bodies, Government of Rajasthan, Residency road, Jaipur.

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Nagar Parishad, Baran, District- Baran (Raj.) through its Commissioner.

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Nagar Parishad, Baran, District- Baran (Raj.) through Its Executive Officer.

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Date of Order: March 14, 2019. PRESENT HON'BLE MR. JUSTICE ALOK SHARMA

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Mr. D.N. Sharma ] for the petitioners. Mr. Mukesh Sharma] Mr. Pradeep Kalwania, GC for the State.

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BY THE COURT :

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As the bunch of writ petitions agitate the same issue,

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arguments common as they are have been heard and all the petitions

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are being decided by this common order.

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Writ petition No.4874/2018 is taken as the lead case.

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The facts of the case are that the petitioners were selected as Safai Karamchari vide order dated 17-10-2014 issued by the Municipality Mangrol, District Baran. They were thereafter however denied appointment despite selection on the ground that each of them had a family member who had also been selected and appointed as Safai Karamchari. For this the respondent resorted to circular dated 3-5-2013 which apparently provided that not more than one person in a family can be appointed as a Safai Karamchari. Representation of the petitioners with regard to their nonappointment despite selection being of no avail, they have approached this court with the prayer that it be directed they be appointed pursuant to their selection and then be allowed to join duty accordingly.

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Counsel for the petitioners submitted that the issue of appointment as Safai Karamchari after due selection despite another member of the family being so engaged in the same capacity with the municipality has drawn the attention of this court in the case of

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Mala Devi & Others Versus State of Rajasthan & Others, SBCWP No.6183/2014 , Vijendra Kumar Versus State of Rajasthan & Another, SBCWP No.13643/2014 as also in Jagdeep Prasad Versus State of Rajasthan & Another, SBCWP No.13676/2014 . The aforesaid

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judgments of this court hold that the mere happenstance of a family member of a successful candidate selected as Safai Karamchari also being engaged with the same municipality would not obstruct the right of such selected candidate to be appointed as Safai Karamchari as per his own merit. Counsel further submitted that the circular dated 3-5-2013 obstructing the appointment of those selected as Safai Karamchari only for reason of a member of their family also being so engaged, arbitrary as it has been held to be illegal and null and void. Counsel submitted that in fact the Director, Local-Self Government vide letter dated 2-1-2018 to the Commissioner, Nagar Palika, Baran has also taken a view that the mere factum of employment of a family member of selected candidate as Safai Karamchari would not obstruct those selected on their own merit to be appointed in that capacity.

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Mr. Pradeep Kalwania, GC appearing for the respondents fairly submitted that indeed the circular dated 3-5-2013 holding that a Safai Karamchari despite selection could not be appointed for reason of family member also being so engaged in the same capacity has been set aside by this court. Mr. Pradeep Kalwania further submitted that vide order dated 28-2-2019 under the hand of the Director and Joint Secretary, Department of Local Bodies, the Commissioner Nagar Nigam Kota has been directed that if the vacancies of 2012 obtain, the selected candidate be appointed

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despite their family member being engaged with the same municipality.

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The upshot of the aforesaid discussion is that the petitioners having been selected as Safai Karamchari with the Municipal Council, and so reflected in the select list are entitled to be appointed as Safai Karamcharis as per their respective merit.

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These petitions stand allowed accordingly.

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The respondent-Municipal Council, is directed to take necessary steps in this regard and issue requisite orders of appointment of petitioners as Safai Karamchari as per their merit in the select list within a period of 10 days from the date of presentation of a certified copy of this order.

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A copy of the order be placed in each case.

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(Alok Sharma), J.

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arn/

Seema Narwal v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Seema Narwal v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

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