Contractual employees sought continued engagement, protection against replacement by contractual employees, and direct contracting and salary payment. The Court dismissed the petitions for misjoinder of respondents, with liberty to file fresh petitions after impleading proper parties.
Liberty to file fresh petitions after impleading proper parties.
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 AT
JODHPUR
S.B. Civil Writ Petition No. 3981/2021
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Versus
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Sarpanch.
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Connected With
S.B. Civil Writ Petition No. 2416/2021
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Udaipur, Rajasthan Through Its Sarpanch.
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| For Petitioner(s) | : Mr. Pawan Singh |
|---|---|
| For Respondent(s) | : Mr. K.K. Bissa AGC, |
| Mr. Manish Tak,Dy.G.C. |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
22/10/2021
“A. By an appropriate writ, order or direction, the respondents may kindly be directed to permit the petitioners to work on the post in question till regular selected candidates made available for the post in question as per the decision taken by the Government. B. By an appropriate writ, order or direction, the respondents may kindly be directed to not to take contractual employees in place of any contractual employee.
C. By an appropriate writ, order or direction, respondents may kindly be directed to have contract directly to the petitioners and their salary may also be paid directly not through the placement agency.
D. By an appropriate writ, order or direction, the respondents may kindly be directed to pay monthly
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salary of the petitioners through cheques/online payment/RTGS/online banking system and restrained to make cash payment to the petitioners.
E. By an appropriate writ, order or direction, the respondents may kindly be directed to follow the mandate of law as interpreted in the case of Shiv Prasad Sharma & Ors. Vs. State of Rajasthan & Ors., and the respondents may kindly be directed to decide the representation of the petitioners, within a time frame, in the light of the adjudication in case of Mukesh Kumar Khatik (supra), which they are ready and willing to address within two weeks hereinafter.”
(DR.PUSHPENDRA SINGH BHATI),J.
1-9-SKant/-
1 issue framed by the court
Could the petitions be entertained despite misjoinder of respondents?
Laxman Lal Sain
State Of Rajasthan
Deputy Secretary, Rural Development And Panchayati Raj Department, Secretariat Jaipur, Rajasthan
District Collector, Udaipur, District Udaipur, Rajasthan
Chief Executive Officer, Zila Parishad Udaipur, Rajasthan
Development Officer, Panchayat Samiti Jhadol, District Udaipur, Rajasthan
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
