[2025:RJ-JP:33369] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2416/2008 Sadat Khan S/o Shri Wazir Khan, aged about 50 years, R/o Village Shiwad Tehsil Chauth Ka Barwada District Sawai Madhopur Raj. ----Petitioner Versus 1. The State Of Rajasthan Through Secretary, Panchayat Raj Department, Secretariat, Jaipur (Rajasthan) 2. The Secretary, Government Of Rajasthan, General Administration Department, Secretariat, Jaipur. 3. The Collector, Sawai Madhopur. 4. The Chief Executive Officer, Zila Parishad, Sawai Madhopur. 5. The Development Officer, Panchayat Samiti, Sawai Madhopur. 6. The Sarpanch, Gram Panchayat Shivad Tehsil Chauth Ka Barwada Distt S.Madhopur. ----Respondents For Petitioner(s) : Mr. Amir Aziz For Respondent(s) : Mr. Dheeraj Tripathi, AGC HON'BLE MR. JUSTICE ANAND SHARMA Order 22/08/2025 1. Petitioner has filed the instant writ petition seeking direction against the respondents to regularize the petitioner in the service of Panchayat Raj Department and to grant him all consequential benefits. 2. Learned counsel appearing for the petitioner submits that the petitioner was initially appointed as Octroi in Gram Panchayat, Shivad Panchayat Samiti District Sawai Madhopur. However, on account of abolition of Octroi in the State of Rajasthan, his services were transferred to Panchayat Raj [2025:RJ-JP:33369] (2 of 3) [CW-2416/2008] Department and thereafter, the petitioner has been working in Panchayat Raj Department, yet instead of making payment of regular pay and allowances, initially Rs.190 per month were being given to the petitioner and at present, he is getting only Rs.1200/- per month despite the fact that he has rendered more than 38 years of service. 3. It has also been submitted by learned counsel for the petitioner that the petitioner owns to his credit qualification of 10th Class, acquired from recognized Board and is entitled to be considered for the purpose of regularization in the light of judgment of Secretary, State of Karnataka & Ors. Vs. Uma Devi & Ors. reported in 2006 (4) SCC 1 as well as pursuant to notification issued in the year 2009 by the State Government, yet, no order either regularizing service of the petitioner or grant of regular pay scale has been passed by the respondents. 4. Learned counsel appearing for the respondents opposed the writ petition stating that the petitioner was initially appointed without following any process of recruitment and was not holding any sanctioned post. However, learned counsel submits that the State Government took a decision after granting relaxation under Article 265, 266, 270-273 of the Rajasthan Panchayati Raj Rules, 1996, and the decision was taken to absorb the employees who were declared surplus in the Octroi system. Learned counsel submits that pursuant to aforesaid decision, one general circular/letter dated 14.11.2000 issued by the Deputy Secretary, Panchayati Raj Department (Annex-R/1), pursuant to which so many other persons working in the erstwhile Octori system were [2025:RJ-JP:33369] (3 of 3) [CW-2416/2008] absorbed by the respondent-Department and their services have also been regularized. 5. I have considered the rival submissions made by learned counsel for the parties and examined the record. 6. From perusal of the record, it reveals that it is not disputed that the petitioner has been working since 02.03.1986 and also possesses qualification of Secondary Examination which is the prescribed qualification for absorption as per circular dated 14.11.2000 (Annex-R/1). However, no reason has been put forward in the entire reply for not considering the case of the petitioner for absorption/regularization in Panchayat Raj Department till this date. 7. In the facts and circumstances of the case, where the petitioner has been forced to work against meager monthly salary of Rs.1200/-, amounts to clear cut exploitation of the petitioner. The petitioner has invested his entire life while working with the Government-Department and he cannot be denied the benefits for which he is otherwise legally entitled. 8. In view of the foregoing discussion, the writ petition filed by the petitioner is allowed. 9. The respondents are directed to consider the case of the petitioner for absorption/regularization pursuant to circular dated 14.11.2000 (Annex-R/1) from the date on which similar persons or any person appointed subsequent to the petitioner has been absorbed/regularized in respondent-Department on the post of Gramsewak. Petitioner shall also be entitled to consequential benefits accordingly. I (ANAND SHARMA),J NEERU/9