The Division Bench dismissed a special appeal against the dismissal of a writ petition concerning the appellant's appointment as Sanitary Inspector. The court held the challenge was barred by gross latches and delay as the issue was not raised in earlier litigation.
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
D.B. Spl. Appl. Writ No. 444/2020
Virendra Singh Solanki S/o Late Shri Santosh Singh Solanki, Aged About 50 Years, By Caste Mali, R/o Kanawaton Ka Bass, Gaiwa, Soorsagar By Pass Road, Jodhpur At Present Working As Sanitary Inspector Grade Ii In The Municipal Corporation, Jodhpur.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Vikas Chouhan For Respondent(s) : -
HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE FARJAND ALI
Judgment
06/04/2022
The instant special appeal (writ) has been preferred by the appellant petitioner Virendra Singh Solanki being aggrieved of the order dated 02.03.2020 passed by the learned Single Bench, whereby S.B. Civil Writ Petition No.9882/2019 preferred by the petitioner was dismissed. By way of the said writ petition, the petitioner sought the following reliefs :-
“i. the respondents be directed to immediately absorb and confirm appointment of the petitioner as Sanitary Inspector Grade II from the date when the circular dated 22.03.2000 (Annexure-2) came to be issued or
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when the petitioner acquired qualification for holding such post, with all consequential benefits.
ii. Respondents be directed to pay salary to the petition in the pay scale prescribed for the post of
a) Nakedar from the intial date of appointment i.e. 02.02.1990 to 22.03.2000 in the department as the petitioner is having requisite qualification for appointment on the post of Nakedar.
b) Sanitary Inspector Grade I from 22.03.2000 till date or from the date when the petitioner acquired the qualification of Sanitary Inspector i.e. year 2001 with all consequential benefits.”
Mr. Vikas Chouhan, learned counsel representing the appellant, vehemently and fervently contended that the learned Single Bench was absolutely unjustified in foreclosing the right of the petitioner by dismissing the writ petition on the ground of delay and latches. He urged that the issues, which the petitioner had raised in the earlier Writ Petition No.6443/2011, were totally different from the ones raised in the present writ petition, which pertains to illegality in initial appointment given to the petitioner as Naka Guard instead of Nakedar. He urged that as the challenge laid by the petitioner is based purely on issues of law, the same cannot be shut out on the ground of delay.
We have given our thoughtful consideration to the submissions advanced by Mr. Chouhan and have gone through the material available on record.
The appointment of the petitioner as a Naka Guard in the Municipal Corporation, Jodhpur was made on compassionate
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basis way back in the year 1990. For the first time, the petitioner raised a controversy in relation to his service by filing Writ Petition No.6443/2011 owing to his non-absorption pursuant to stagnation in the cadre of Naka Guard. The issue regarding the petitioner having been wrongly afforded appointment to the post of Naka Guard rather than Nakedar was never raised in that writ petition even though such an opportunity was available. As a consequence, we are of the firm view that the challenge laid by the petitioner while filing Writ Petition No.9882/2019 was suffering from gross latches and delay and was rightly turned down by this court on this ground. As matter of fact, the petitioner is trying to take undue advantage of some passing remarks in the order dated 01.06.2017 passed by the Division Bench of this court while considering Contempt petition No.896/2016 filed by the petitioner. Consequently, we are of the firm view that the impugned order dated 02.03.2020 does not suffer from any infirmity whatsoever warranting interference.
Hence, the instant special appeal (writ) deserves to be and is hereby dismissed as being devoid of merit.
(FARJAND ALI),J
(SANDEEP MEHTA),J
43-Pramod/-
3 issues framed by the court
Whether the appeal suffers from gross latches and delay due to failure to raise the same issue in earlier litigation.
Whether the objection taken by the lower court dismissing the writ petition stands upheld.
Whether the impugned order is liable to be set aside for any infirmity.
Virendra Singh Solanki
State of Rajasthan
Municipal Corporation Jodhpur
Commissioner, Municipal Corporation Jodhpur
Sandeep Mehta
Farjand Ali
As recorded by the court registry
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