Dismissed

Shiv Singh v. State of Rajasthan

Rajasthan HC27 May 2024CW/2511/2021

Case brief

AI extract

What is this about?

Where a petitioner seeking regularization and promotion benefits is simultaneously undergoing disciplinary proceedings for remaining absent without sanctioned leave for 840 days (2013 to 2016), and the respondents' factual stand in the reply remains uncontroverted by any rejoinder, the High Court found no grounds to interfere on that ground alone. The writ petition was dismissed.

What the court decided

AI extract

Shiv Singh Vs State of Rajasthan — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JD:24084]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 2511/2021

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Shiv Singh S/o Shri Charan Lal, Aged About 38 Years, R/o Village Saidpura, Post Banshi (Bagari), Tehsil Roopwas, District Bharatpur (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Secretary, Sanskrit Education Department, Govt. Secretariat, Jaipur (Raj.)

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The Director, Sanskrit Education Department, Rajasthan Jaipur, Second Floor, Block -6, Shiksha Sankul, J.l. N. Marg, Jaipur (Raj.)

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The Divisional Sanskrit Education Officer, Jodhpur (Raj.) 4. Sankul Authority, Government Senior Upadhyay, Sanskrit School, Jhadoli, Sirohi (Raj.)

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----Respondents

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For Petitioner(s)	: None.
For Respondent(s)	: Mr. Deepak Chandak.

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HON'BLE MR. JUSTICE ARUN MONGA

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Order

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27/05/2024

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Grievance of the petitioner herein inter alia is for directing the respondents to count his past services for regularization pursuant to his appointment order dated 06.07.2012 and grant him promotion and consequential benefits with arrears.

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At the very threshold, following unequivocal stand has been taken in para-6 of the reply, which being apposite, is reproduced hereinbelow:-

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“6. That in reply to contents of para no.7&8 of the writ petition are not admitted to the facts as stated and hence denied. it is important to mention here that from 25.06.2020

(2 of 2)

[2024:RJ-JD:24084]

[CW-2511/2021]

petitioner is absent from his duty without any notice or application on account of this. That in pursuance of this disciplinary action was proposed against the petitioner under the Rule 16 of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958. That fixation of pay and conformation order will only be issued after as per rules only after the disposal of leave case against the petitionerduring his probation period. That respondent department are carrying out there duties as per the rules and procedures prescribed by law.

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Therefor the present writ petition may deserves to be dismissed. petitioner on ground that till the enquiry against the petitioner is pending no order can be issued for regular benefits as regular employee or made increase in the pay of the petitioner. Further petitioner is absent from his duty till date without giving any proper intimation orwithout giving any leaving for such leaves taken by petitioner. Therefor on this alone ground present writ petition deserves to be dismissed.”

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Apropos, no further affidavit and/or rejoinder has been filed and the factual stand taken thus remains uncontroverted.

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In the premise, on that ground alone, no grounds to interfere.

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Petitioner is parallely undergoing disciplinary proceedings for remaining absent from work without any sanctioned leave for 840 days i.e. from the years 2013 to 2016.

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Dismissed accordingly.

¶27

All pending application(s), if any, also stand disposed of.

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(ARUN MONGA),J

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132-Sumit/-

Shiv Singh v. State of Rajasthan

Case brief

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Shiv Singh v. State of Rajasthan

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