Disposed

Kailash Chand Sain v. Hemant Gera

Rajasthan HC2 Sept 2023WCP/624/2022

Case brief

AI extract

What is this about?

This court disposed of nine connected writ contempt petitions alleging non-compliance with an order dated 04.02.2022 regarding regularization of services. The court found that the respondents had decided the representations and were processing seniority lists, holding that the earlier order was substantially complied with.

What did the court decide?

All contempt petitions disposed of; notices discharged. Petitioners informed of availability of appropriate remedy.

Kailash Chand Sain Vs Hemant Gera — Service and Employment | Rajasthan HC (2023)

¶1

[2023:RJ-JD:27698-DB]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

¶3

...

¶4

(1) D.B. Writ Contempt No. 864/2022

¶5

Narendra Kumar Boolchandani S/o Late Shyam Boolchandani, Aged About 54 Years, 114/214, Agarwal Farm, Mansarovar, Jaipur, Rajasthan.

¶6

Hemraj Mishra S/o Ramswaroop Mishra, Aged About 60 Years, B-464, Murlipura Scheme, Sikar Road, Jaipur, Rajasthan.

¶7

Vinod Kumar Joshi S/o Gopal Lal, Aged About 52 Years, 227, Shilp Colony, Kalwar Road, Jhotwara, Jaipur, Rajasthan.

¶8

Rajendra Kumar Naroliya S/o Ram Sahay, Aged About 53 Years, 97, Yuvraj Vihar, Kalwar Road, Hathoj, Jhotwara, Jaipur, Rajasthan.

¶9

----Petitioners

¶10

Versus

¶11

Hemant Gera, Principal Secretary, Department Of Personnel And Training, Government Secretariat, Jaipur.

¶12

Anand Kumar, Secretary, Revenue Department, Government Secretariat, Jaipur.

¶13

Smt. Shelly Krishnani, Ias, Secretary, Department Of Administrative Reforms (Group-3), Secretariat, Jaipur.

¶14

Gaurav Agarwal, Director, Secondary Education, Bikaner.

¶15

Deragram Ramsnehi, Director, Sanskrit Education, Shiksha Sankul, J.L.N. Marg, Jaipur (Rajasthan).

¶16

----Respondents

¶17

Connected With

¶18

(2) D.B. Writ Contempt No. 599/2022

¶19

Rambabu Sharma S/o Shri Bhika Lal Sharma, Aged About 57 Years, R/o Vpo And Tehsil Nadoti, District Karauli, Rajasthan.

¶20

Virendra Singh S/o Ramcharan Singh, Aged About 58 Years, R/o 39, Tirupati Nagar, Benar Road, Near 6 Dukan, Boyatawala, Jaipur, Rajasthan.

¶21

(2 of 10)

¶22

[2023:RJ-JD:27698-DB]

¶23

[WCP-864/2022]

¶24

Kailash Chandra Sharma S/o Shambhu Dayal Sharma, Aged About 53 Years, R/o Ward No. 9, Meeno Ka Mohalla, Virat Nagar, District Jaipur, Rajasthan.

¶25

Rajeev Pareek S/o Umesh Narayan Pareek, Aged About 53 Years, R/o Plot No. 4, Durga Vihar, Durgapura, Tonk Road, Jaipur, Rajasthan.

¶26

Anil Kumar Garg S/o Ramesh Chand Garg, Aged About 56 Years, R/o C/o National Printing Press, Old Post Office, Bada Bazar, Bharatpur, Rajasthan.

¶27

Manoj Kumar Mathur S/o Hari Nandan Mathur, Aged About 56 Years, R/o Gali No. 14, Mahadev Near Ganga Mandir, Bharatpur, Rajasthan.

¶28

----Petitioners

¶29

Versus

¶30

Hemant Gera, Principal Secretary, Department Of Personnel And Training Government Secretariat, Jaipur.

¶31

Anand Kumar, Secretary, Revenue Department, Government Secretariat, Jaipur.

¶32

Smt. Shelly Krishnani, Ias, Secretary, Department Of Administrative Reforms (Group-3), Secretariat, Jaipur.

¶33

Gaurav Aggarwal, Director, Secondary Education, Bikaner.

¶34

State Of Rajasthan, Through Principle Secretary Department Of Personnel And Training Government Secretariat, Jaipur.

¶35

----Respondents

¶36

(3) D.B. Writ Contempt No. 605/2022

¶37

Bal Kishan Pareek S/o Hari Kishan Pareek, Aged About 57 Years, R/o C/o Pareek And Sons, Inside Ram Gate, Near Pabubari, Bikaner, Rajasthan.

¶38

Jagdish Prasad Suthar S/o Girdhari Lal Suthar, Aged About 52 Years, R/o Mannu Ji Ki Chakki, Nathusar Bass, Bikaner, Rajasthan.

¶39

Rameshwar Upadhyay S/o Deepa Ram, Aged About 57 Years, R/o Shiva Basti, Behind Nanesh Tiles Factory, Nokha Road, Gangashahar, Bikaner, Rajasthan.

¶40

Vijay Sharma S/o Love Krishan Sharma, Aged About 52 Years, R/o 23, Residential Plot, Bichhwal Industrial Area, Bikaner, Rajasthan.

¶41

(3 of 10)

¶42

[2023:RJ-JD:27698-DB]

¶43

[WCP-864/2022]

¶44

Ashok Kumar Soni S/o Bhanwar Lal Soni, Aged About 54 Years, R/o Infront Of Shree Jain Pathshala School, Near Sonaro Ka Mohalla, Bikaner, Rajasthan.

¶45

Gordhan Das Binani S/o Late Jainarayan Binani, Aged About 55 Years, R/o Binani Std Pco, Binani Chowk, Bikaner, Rajasthan.

¶46

Kamlesh Kumar Harsh S/o Shree Gopal Harsh, Aged About 55 Years, R/o Post Office Ke Upper, Mundhro Ka Chowk, Bikaner, Rajasthan.

¶47

Manohar Lal Swami S/o Kishan Lal Swami, Aged About 60 Years, R/o Near Nathusar Well, Lali Bai Ki Bagechi, Bikaner, Rajasthan.

¶48

Punam Chand Meghwal S/o Luna Ram Meghwal, Aged About 61 Years, R/o Behind Old Power House, Near Unique Standard School, Bikaner, Rajasthan.

¶49

Madhu Sudan Singh S/o Ram Singh, Aged About 59 Years, R/o D-75, Samta Nagar, Ganganagar Road, Bikaner, Rajasthan.

¶50

Narayan Puri Goswami S/o Shankerpuri Goswami, Aged About 52 Years, R/o Gowadi, Tehsil Sagwara, District Dungarpur, Rajasthan.

¶51

Utsav Jain S/o Hira Lal Ji, Aged About 59 Years, R/o P.o. Nougama, Tehsil Bagidora, District Banswara, Rajasthan.

¶52

----Petitioners

¶53

Versus

¶54

Hemant Gera, Principal Secretary, Department Of Personnel And Training, Government Secretariat, Jaipur.

¶55

Smt. Shelly Krishnani, Ias, Secretary, Department Of Administrative Reforms (Group-3), Secretariat, Jaipur.

¶56

Gaurav Aggarwal, Director, Secondary Education, Bikaner.

¶57

Deeragram Ramsnehi, Director, Sanskrit Education, Shiksha Sankul, J.L.N. Marg, Jaipur (Rajasthan).

¶58

State Of Rajasthan, Through Principle Secretary Department Of Personnel And Training Government Secretariat, Jaipur.

¶59

----Respondents

¶60

(4 of 10)

¶61

[2023:RJ-JD:27698-DB]

¶62

[WCP-864/2022]

¶63

(4) D.B. Writ Contempt No. 609/2022

¶64

Pratap Singh S/o Ramkaran, Aged About 60 Years, Village Bhamada, Tehsil Rajgarh, District Churu, Rajasthan.

¶65

----Petitioner

¶66

Versus

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1. Anand Kumar, Secretary, Revenue Department, Government Secretariat, Jaipur.

¶68

Hemant Gera, Principle Secretary, Department Of Personnel And Training Government Secretariat, Jaipur

¶69

Smt. Shelly Krishnani, Ias, Secretary, Department Of Administrative Reforms (Group-3), Secretariat, Jaipur.

¶70

Gaurav Aggarwal, Director, Secondary Education, Bikaner. 5. The State Of Rajasthan, Through Its Secretary, Revenue Department, Government Secretariat, Jaipur.

¶71

----Respondents

¶72

(5) D.B. Writ Contempt No. 624/2022

¶73

Kailash Chand Sain S/o Ram Sahai Verma, Aged About 54 Years, R/o Munimpada, Narmada Sadan Ke Pass, Ward No. 23, Gangapurcity, District Sawaimadhopur, Rajasthan.

¶74

Nemi Chand Saini S/o Lala Ram Saini, Aged About 58 Years, R/o Green Park, Path No. 1, Dhani Nai Kothi, Dadi Ka Phatak, Jhotwara, Jaipur, Rajasthan.

¶75

----Petitioners

¶76

Versus

¶77

1. Hemant Gera, Principal Secretary, Department Of Personnel And Training, Government Secretariat, Jaipur.

¶78

1. Anand Kumar, Secretary, Revenue Department, Government Secretariat, Jaipur.

¶79

Smt. Shelly Krishnani, Ias, Secretary, Department Of Administrative Reforms (Group-3), Secretariat, Jaipur.

¶80

Gaurav Aggarwal, Director, Secondary Education, Bikaner. 5. State Of Rajasthan, Through Secretary, Principal Secretary Department Of Personnel And Training Government Secretariat, Jaipur.

¶81

----Respondents

¶82

(5 of 10)

¶83

[2023:RJ-JD:27698-DB]

¶84

[WCP-864/2022]

¶85

(6) D.B. Writ Contempt No. 716/2022

¶86

Mahabeer Singh S/o Tara Chand, Aged About 56 Years, R/ o Vpo Bakara, District Jhunjhunu, Rajasthan.

¶87

Bankey Behari Mathur S/o Mukut Bihar Mathur, Aged About 60 Years, R/o 4/30, Housing Board, Churu Bye Pass Road, Jhunjhunu, Rajasthan.

¶88

----Petitioners

¶89

Versus

¶90

Hemant Gera, Principal Secretary, Department Of Personnel And Training Government Secretariat, Jaipur.

¶91

Anand Kumar, Secretary, Revenue Department, Government Secretariat, Jaipur.

¶92

Smt. Shelly Krishnani, Ias, Secretary, Department Of Administrative Reforms (Group-3), Secretariat, Jaipur.

¶93

Gaurav Aggarwal, Director, Secondary Education, Bikaner.

¶94

----Respondents

¶95

(7) D.B. Writ Contempt No. 865/2022

¶96

Satyendra Kumar S/o Santosh Kumar, Aged About 55 Years, R/o Om Colony, Ward No. 15, Churu, Rajasthan.

¶97

Rajaram Sharma S/o Hari Charan Sharma, Aged About 52 Years, R/o Village Batda, Post Langra, Tehsil Mandrayal, District Karauli, Rajasthan.

¶98

Laxmi Narayan Gupta S/o Murari Lal Gupta, Aged About 51 Years, R/o Narsing Colony Mall, Godam Road, Gangapurcity, District Sawaimadhopur, Rajasthan.

¶99

Kundan Singh S/o Sumer Singh, Aged About 57 Years, R/ o Village Dabri Dheer Singh, Via Mandrella, District Jhunjhunu, Rajasthan.

¶100

Suresh Chand Sharma S/o Birj Mohan Sharma, Aged About 61 Years, R/o Pipli Ka Bas, Sojat City, District Pali, Rajasthan.

¶101

Brijender Singh S/o Mangal Singh, Aged About 59 Years, R/o G-3/178A, Pashupatinath Nagar, Sanganer, Jaipur, Rajasthan.

¶102

Parakaram Singh Choudhary S/o Dalpat Singh Choudhary, Aged About 59 Years, R/o 2-E-27, New Housing Board, Shastri Nagar, Bhilwara, Rajasthan.

¶103

(6 of 10)

¶104

[2023:RJ-JD:27698-DB]

¶105

[WCP-864/2022]

¶106

Kapoor Chand S/o Madan Lal, Aged About 56 Years, R/o Vpo Rarah, Tehsil Kumher, District Bharatpur, Rajasthan.

¶107

----Petitioners

¶108

Versus

¶109

Hemant Gera, Principal Secretary, Department Of Personnel And Training Government Secretariat, Jaipur

¶110

Smt. Shelly Krishnani, Ias, Secretary, Department Of Administrative Reforms (Group-3), Secretariat, Jaipur.

¶111

Gaurav Aggarwal, Director, Secondary Education, Bikaner. 4. Deeragram Ramsnehi, Director, Sanskrit Education, Shiksha Sankul, J.l.n. Marg, Jaipur (Rajasthan).

¶112

State Of Rajasthan, Through Principle Secretary Department Of Personnel And Training Government Secretariat, Jaipur.

¶113

----Respondents

¶114

(8) D.B. Writ Contempt No. 997/2022

¶115

Rakesh Purohit S/o Shyam Lal Ji Purohit, Aged About 53 Years, 10/408-409 Chopasani Housing Board, Jodhpur.

¶116

Vijay Arya S/o Shri Dhanraj Arya, Aged About 52 Years, 17/67 Chopasani Housing Board, Jodhpur.

¶117

Mahendra Mehta S/o Jethmal, Aged About 59 Years, 12/387, Chopasani Housing Board, Jodhpur.

¶118

Rajendra Sharma S/o Mahaveer Prasad Sharma, Aged About 51 Years, B/c Brahmin, R/o Kamla Nehru Nagar, Second Extension, Jodhpur.

¶119

Rajendra Singh Solanki S/o Narayan Singh Solanki, Aged About 56 Years, Outside Bohro Ki Pol, Jodhpur.

¶120

Anil Harsh S/o Sardar Mal Harsh, Aged About 55 Years, B/ c Brahmin, R/o Lodho Ki Gali, Veer Mohalla, Jodhpur.

¶121

Ravindra Singh Rathore S/o Ganpat Singh, Aged About 56 Years, Jaloriyo Ka Bass, Mehta Ji Ka Nohra, Gali Non. 3, Jodhpur.

¶122

Manmohan Vyas S/o Madan Mohan Vyas, Aged About 52 Years, B/c Brahmin, R/o Moriyo Ki Gali, Gundi Ka Mohalla, Jodhpur.

¶123

Santosh Kumar Vyas S/o Ram Gopal Vyas, Aged About 52 Years, 18/556 Chopasani Housing Board, Jodhpur.

¶124

(7 of 10)

¶125

[2023:RJ-JD:27698-DB]

¶126

[WCP-864/2022]

¶127

Pukhraj Gehlot S/o Anant Ram Gehlot, Aged About 59 Years, Chokha Chanpole, Naye Jal Ke Hoj Marg, Jodhpur.

¶128

Vishan Singh S/o Kan Singh, Aged About 55 Years, Village And Post Gotan, District Nagaur.

¶129

Jogendra Singh Guar S/o Nathu Singh, Aged About 52 Years, 12/124, K.k. Colony, Sangaria Road, Basni First Phase, Jodhpur.

¶130

Meena Balchandani D/o Mahal Lal Balchandani, Aged About 56 Years, 9/456 Chopasani Housing Board, Jodhpur.

¶131

Sunder Lal Purohit S/o Radha Kishan, Aged About 59 Years, Chhanganiyon Ka Mohalla, Merta City, District Nagaur.

¶132

Kishore Singh Baghela S/o Devi Singh Baghela, Aged About 52 Years, Rajmataji Ka Nohra, Fateh Sagar Ki Nahar, Near Shambhu Bhawan, Jodhpur.

¶133

Deendayal Dave S/o Kashi Ram Dave, Aged About 56 Years, 985, Bagar Chowk, Khichiyo Ka Nohra, Jodhpur.

¶134

Bheekh Singh S/o Sanwar Singh, Aged About 53 Years, B/ c Rajput, R/o Jaswant Thade Ki Ghati, Batta Sagar, Jodhpur.

¶135

----Petitioners

¶136

Versus

¶137

1. Gaurav Agarwaal, Director, Secondary Education Rajasthan, Bikaner.

¶138

State Of Rajasthan, Through The Principal Secretary Department Of Personnel, State Of Rajasthan Secretariat Jaipur

¶139

----Respondents

¶140

(9) D.B. Writ Contempt No. 1133/2022

¶141

Veer Singh S/o Dalle Singh, Aged About 61 Years, R/o Village Malaheda Post Salempurkhurd Tehsil Bhusawar District Bharatpur (Rajasthan) At Present Working On The Post Of Senior Assistant, At Government Senior Secondary School, Samraya District Bharatpur (Rajasthan).

¶142

(8 of 10)

¶143

[2023:RJ-JD:27698-DB]

¶144

[WCP-864/2022]

¶145

Prem Chand S/o Kanhiyalal Singh, Aged About 55 Years, R/o Village Malipura Post Sewar Tehsil And District Bharatpur (Rajasthan) At Present Working On The Post Of Senior Assistant, At Government Senior Secondary School, Aghapur Tehsil And District Bharatpur (Rajasthan).

¶146

Chandan Singh Sogarwal S/o Daujiram, Aged About 59 Years, R/o Village Nyamadpur Post Hatizar Tehsil Weir District Bharatpur (Rajasthan) At Present Working On The Post Of Senior Assistant, At Government Senior Secondary School, Narauli Tehsil Bhusawar District Bharatpur (Rajasthan).

¶147

Hariram Jatav S/o Sundarlal, Aged About 54 Years, R/o Village Nagla Bajhera Khurd (Harihar) Post Narharpur Tehsil Weir District Bharatpur (Rajasthan) At Present Working On The Post Of Assistant Administrative Officer, At Government Senior Secondary School, Baroli Tehsil Bhusawar District Bharatpur (Rajasthan).

¶148

Smita Verma W/o Shri Anurag Verma, Aged About 56 Years, R/o 1-B-2 S.t.c., Housing Board Colony, Ricco Road, Bharatpur (Rajasthan) At Present Working On The Post Of Senior Assistant, At Government Senior Secondary School, Cimmco, Gsss Krishna Nagar (Kishanpura) Bharatpur (Rajasthan).

¶149

Harmeet Singh S/o Late Shri Kulwant Singh, Aged About 57 Years, C/o Gurnam Hora, Mori Mohalla, Mori Charbagh, Near Khalsa Tent House, Bharatpur At Present R/o A-507 Shrinath, Oasis Kherli Phatak, Kota (Rajasthan) Pin Code 324001 At Present Working On The Post Of Senior Assistant, At Govt. Senior Secondary School, Haripuramajhi Sangod, Kota (Rajasthan).

¶150

----Petitioners

¶151

Versus

¶152

Hemant Kumar Gera, Principal Secretary, Dept. Of Personnel And Training Secretary, Government Secretariat, Government Of Rajasthan Jaipur (Rajasthan).

¶153

Gaurav Agrawal, Director, Secondary Education, Rajasthan, Bikaner (Rajasthan).

¶154

(9 of 10)

¶155

[2023:RJ-JD:27698-DB]

¶156

[WCP-864/2022]

¶157

State Of Rajasthan, Through Principal Secretary, Dept. Of Personnel And Training Secretary, Government Of Rajasthan, Secretariat, Jaipur (Rajasthan).

¶158

----Respondents

¶159

For Petitioner(s)	: Mr. Harish Purohit.
	Mr. Hans Raj Nimbar. Mr. Surendra Singh Choudhary.
For Respondent(s)	: Mr. Pankaj Sharma, AAG.
	Mr. Sunil Beniwal, AAG.
	Mr. Anil Kumar Gaur,AAG.

¶160

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

¶161

Order

¶162

02/09/2023

¶163

All these contempt petitions have been filed on behalf of the petitioners alleging that the order passed by this Court on 04.02.2022 in the Special Appeals preferred on behalf of the State of Rajasthan has not been complied with by the respondents.

¶164

Vide order dated 04.02.2022, this Court has directed the respondents to decide the representations filed by the petitioners keeping in mind the stand taken by the Department in similar cases. It was also made clear by this Court that if the grievances of the petitioners have not been redressed, it will be open for the petitioners to seek redressal of their grievances by availing appropriate remedy available to them in accordance with law.

¶165

It is stated by Mr. Pankaj Sharma, learned Additional Advocate General that the representations filed by the petitioners have already been decided by the respondents vide order dated 21.12.2022, whereby the regularization of services of the

¶166

(10 of 10)

¶167

[2023:RJ-JD:27698-DB]

¶168

[WCP-864/2022]

¶169

petitioners have been done from 02.02.1990 and it is ordered that notional benefit of seniority will also be granted to them.

¶170

Learned counsel for the petitioners has urged that though decision has been taken by the respondents for granting notional benefit of seniority, but the final seniority list has not been published till date.

¶171

In response, learned Additional Advocate General Mr. Pankaj Sharma has stated that the exercise of assigning seniority to the petitioners and other likewise employees is going on and seniority will be granted to the petitioners as soon as the said exercise is completed.

¶172

In view of the above, we are of the opinion that the order dated 04.02.2022 has substantially been complied with by the respondents. However, even if the petitioners have any grievance by the decision of the State Government, they are free to avail appropriate remedy available to them in accordance with law.

¶173

Resultantly, all these contempt petitions are disposed of. Notices are discharged.

¶174

(RAJENDRA PRAKASH SONI),J

¶175

(VIJAY BISHNOI),J

¶176

78 & 80-84 & 86-88/Mohan/-

Kailash Chand Sain v. Hemant Gera

Case brief

What is this about?

What did the court decide?

Kailash Chand Sain v. Hemant Gera

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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