Dismissed

Mukesh Kumar Gurjar S/O Shri Todar Mal Gurjar v. the State of Rajasthan

Rajasthan HC3 Feb 2021CW/875/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the removal of petitioners appointed on a contractual basis under the Swachh Bharat Commission Scheme by the Gram Panchayat. The court held that as no right to continue exists on a contractual post, no cause of action for interference arises. Dismissal. Dismissed.

What did the court decide?

The writ petition was dismissed; all pending applications were disposed of.

Mukesh Kumar Gurjar S/O Shri Todar Mal… — Pension and Retirement Benefits | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 875/2021

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Mukesh Kumar Gurjar S/o Shri Todar Mal Gurjar, Aged About 37 Years, R/o Village And Post Farrashpura, Tehsil Sikrai, District Dausa

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Jagram Kasana S/o Ramkishan Kasana, Aged About 28 Years, R/o Village And Post Torda, Tehsil Sikrai, District Dausa

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Ramesh Chand Gurjar S/o Shri Ramkaran Gurjar, Aged About 35 Years, R/o Village And Post Bhandari, Tehsil Sikrai, District Dausa

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----Petitioners

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Versus

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The State Of Rajasthan, Through Principal Secretary Rural Development And Prnanayati Raj Department, Govt. Of Rajasthan Govt. Secretariat, Jaipur.

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District Collector, Dausa

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Zila Parishad Dausa, Through Its Chief Executive Officer 4. Block Development Officer, Panchayat Samiti Sikrai District Dausa

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Gram Panchayat Farrashpura, Panchayat Samiti Sikrai District Dausa Through Village Development Officer

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Gram Pnachayat Bahrawanda, Panchayat Samiti Sikrai District Dausa Through Village Development Officer

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Gram Panchayat Nihalpura, Panchayat Samiti Sikrai District Dausa Through Village Development Officer ----Respondents

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For Petitioner(s) : Ms. Poonam Chand Sharma For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order

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03/02/2021

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The petitioners challenge the order passed by the Gram Panchayat whereby they have taken a decision to remove the

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(2 of 2)

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[CW-875/2021]

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petitioners who have been appointed under the Swachh Bharat Commission Scheme. The appointment of the petitioners is purely on contractual basis and the appointing authority is the Panchayat. If the Panchayat takes a decision not to continue any person on the post, it can always take such a decision. It is noticed that the Panchayat has also given fair opportunity of hearing to the petitioners before passing of order. It is not the case of the petitioners that any other persons have been appointed in their place. Thus, no cause of action arises as the petitioners do not have a right to continue on a contractual post.

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However, if the panchyat seeks to appoint any other persons the said action would be considered as unjustified and the petitioners would have first right for the post. At the moment, no case for interference is made out.

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The writ petition is dismissed in the aforesaid observations. All pending applications stand disposed of.

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(SANJEEV PRAKASH SHARMA),J

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Arun/168

Mukesh Kumar Gurjar S/O Shri Todar Mal Gurjar v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mukesh Kumar Gurjar S/O Shri Todar Mal Gurjar v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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