It is submitted that the issue is no more res integra and has been decided by Co-ordinate Benches as well as by this Court in S.B. Civil Writ Petition No.6183/2014 Mala Devi & Ors. Vs. State of Rajasthan & Ors. decided on 28.01.2015 as well as S.B. Civil Writ Petition No.6565/2014 Harphul Vs. State of Rajasthan & Anr. decided on 30.03.2016. This Court also in S.B. Civil Writ Petition No.11019/2012 decided on 25.01.2017 has taken the similar view that the Rajasthan Municipalities (Class IV Service) Rules, 1964 do not put any embargo on appointment of candidate whose family is in service. The Rajasthan Municipalities (Safai Employees Service) Rules, 2012 which have been amended also did not lay down any such embargo for barring appointment of two members of the same family. Therefore, a circular which goes beyond the provisions of Rules and contrary to the same, cannot be allowed to stand and the respondents could not have relied upon circular dt. 23.01.2013 and 03.05.2013 to terminate the service of the petitioner to frustrate the interim order passed in the writ petition preferred by his wife Jyoti Rani as noted above. Accordingly, the writ petition is allowed. The impugned order dt. 14.11.2014 is quashed and set aside and the respondents are directed to reinstate the petitioner on the post which he was holding prior to passing of order dt. 14.11.2014 with all consequential benefits. The petitioner would also be entitled to receive back wages for the intervening period as he has been forcefully denied to perform his duties. The Executive Officer, Nagar Palika Mandal, Bandikui, Dausa, who passed the order shall pay cost of Rs.20,000/- to the petitioner which shall be recovered from his salary.
