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2025 DAILYLAW 11301 (RAJ)

SUNDER LAL MALOO v. STATE OF RAJ AND ORS

CW/803/2003 · 2025-03-26

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:13933] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4858/2002 Suresh Kumar Bhoperiya S/o Sh. Prabhati Lal, aged about 37 years, R/o Village-Revai, Post-Mahu-Ibrahimpur, Tehsil-Hindaun, District Dausa. (Rajasthan) ----Petitioner Versus 1. State Of Rajasthan, Through Secretary Dept. Of Personnel, Govt. Of Rajasthan, Secretariat, Jaipur. 2. Chief Engineer, Irrigation Dept. Rajasthan, Jawaharlal Nehru Marg, Jaipur. 3. Secretary, Irrigation Dept. Govt. Of Rajasthan, Secretariat, Jaipur. S.B. Civil Writ Petition No. 4807/2002 Babu Lal Meena S/o Sh. Laxhman Singh, Village Dhanipura, Post Barauli, Tehsil Nadabai, Distt. Bharatpur Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through Secretary Dept. Of Personnel, Govt. Of Rajasthan, Secretariat, Jaipur. 2. Chief Engineer, Irrigation Dept. Rajasthan, Jawaharlal Nehru Marg, Jaipur. 3. Secretary, Irrigation Dept. Govt. Of Rajasthan, Secretariat, Jaipur. ----Respondents S.B. Civil Writ Petition No. 9107/2002 Pushpa Moolchandani D/o Sh. Chatarumal, Plot No.30, Sindhi Colony, Banipark, Jaipur Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through Secretary Dept. Of Personnel, Govt. Of Rajasthan, Secretariat, Jaipur. 2. Chief Engineer, Irrigation Dept. Rajasthan, Jawaharlal Nehru Marg, Jaipur. 3. Secretary, Irrigation Dept. Govt. Of Rajasthan, Secretariat, Jaipur. [2025:RJ-JP:13933] (2 of 4) [CW-4858/2002] ----Respondents S.B. Civil Writ Petition No. 9120/2002 Amichand Sanv S/o Sh. Bhaira Ram, Village And Post, Dabali Kalan, Rawtsar, Dist. Sriganganagar Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through Secretary Dept, Of Personnel, Govt. Of Rajasthan, Secretariat, Jaipur. 2. Chief Engineer, Irrigation Dept. Rajasthan, Jawaharlal Nehru Marg, Jaipur. 3. Secretary, Irrigation Dept. Govt. Of Rajasthan, Secretariat, Jaipur. ----Respondents S.B. Civil Writ Petition No. 803/2003 Sunder Lal Maloo S/o Shri Mohan Lal, Vandp Boheda District, Chittorgarh. ----Petitioner Versus 1. State Of Rajasthan Through Secretary Department Of Personnel, Government Of Rajasthan, Secretariat, Jaipur. 2. Chief Engineer, Irrigation Department, Rajasthan, Jawaharlal Nehru Marg, Jaipur. 3. Secretary, Irrigation Department Of Rajasthan, Secretariat, Jaipur. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Saumil Sharma for Mr. GK Sharma JUSTICE ANOOP KUMAR DHAND Order 26/03/2025 1. Since common questions of law and facts are involved in the instant writ petitions, hence, these petitions are decided by this common order. [2025:RJ-JP:13933] (3 of 4) [CW-4858/2002] 2. For the sake of convenience, the facts and prayer mentioned in the S.B. Civil Writ Petition No. 4858/2002 is taken into consideration. 3. The instant writ petition has been preferred, seeking directions against the respondents to count the period of service on ad hoc basis, rendered by the petitioner, as experience for the purpose of promotion to the post of Assistant Engineer Diploma (Civil) and thereafter, consider his name for promotion from the post of Junior Engineer. 4. At the outset, learned counsel for State-respondents have apprised this Court that the petitioner was granted appointment on the post of Junior Engineer on ad hoc basis on 21.09.1987 and his services were confirmed and regularised on the said post on 28.12.1996, hence under these circumstances, the period rendered prior to the regularisation or the period of ad hoc service till his regularisation, cannot be taken in account under the period of regular selection/ appointment, hence under these circumstances, the petitioner is not entitled to get the benefit of promotion from the post of Junior Engineer to Assistant Engineer Diploma (Civil) w.e.f his initial date of appointment. 5. Counsel submits that controversy involved in the writ petition has already been set at rest by the Division Bench of this Court in case of State of Rajasthan & Ors. Vs. Chandra Ram while deciding D.B. Special Appeal Writ No.589/2015, wherein the Division Bench of this Court has held that the services rendered on temporary basis cannot be taken into account for providing any benefit in future. The candidates whose services have been regularised on a subsequent date are entitled to get benefits w.e.f [2025:RJ-JP:13933] (4 of 4) [CW-4858/2002] the date when their services have been regularised. Counsel submits that under such circumstances, petitioners are not entitled to get the relief as sought for. 6. Considering the arguments put forward by the counsel for respondents and looking to the fact that initially the petitioners were appointed on ad hoc basis in the year 1987 and their services were confirmed in the year 1996, the petitioners are not entitled to get the benefit of the earlier services rendered on ad hoc basis and they are entitled to get the benefit of their services w.e.f the date when their services have been regularised for the purpose of promotion, in the light of the judgment passed by the Division Bench of this Court in Chandra Ram (supra). 7. This Court finds no merit and substance in these petitions and accordingly, the same are rejected. 8. Stay application and other pending application(s), if any, stand disposed of. (ANOOP KUMAR DHAND),J RONAK JAIMAN/18-22