HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8137/2023 Mahesh Sharma Son Of Shri Chandra Shekhar Sharma, Aged About 50 Years, Resident Of 28/373, Near Old Shikharkhana Ki Haveli, Ward Ratwali, Kota, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Department Of Local Self, Govt. Of Rajasthan, Secretariat, Jaipur. 2. Municipal Corporation, Kota, Through Its Commissioner. 3. Chief Executive Officer, Municipal Corporation, Kota. ----Respondents For Petitioner(s) : Mr. Pradeep Singh For Respondent(s) : Mr. Surya Pratap Singh & Mr. Manoj Kumar for Mr. G.S. Gill, AAG HON'BLE MR. JUSTICE SUDESH BANSAL Order 06/05/2025 1. The matter comes upon application I.A. No.01/2025 for early listing of the petition, however, with the consent of counsel for both the parties, the writ petition has been heard finally on merits, at this stage. 2. By way of filing instant writ petition, petitioner has made following prayers:- "(i) The respondents may kindly be directed to regularize the petitioner upon the permanent post of Class-III / in the cadre of Class-III employee in substantial capacity since the date of 1.3.1997 with all consequential benefits, seniority, salary, regular pay scale, selection scale and pay revisions. (2 of 3) [CW-8137/2023] (ii) The respondents may kindly be directed to determine and pay the total arrears of the salary in regular pay scale of Class-III employee with the benefit of selection scale and pay revision and accordingly the total arrears of the benefit referred in this para may kindly be provided to him with interest @ 12% per annum. (iii) The respondents may kindly be directed to provide and extend the benefit of promotions as same and similar given to all other similar employees appointed on or after 1.3.1997, the benefit should be given with the arrears of salary and consequential benefits, with interest of 12% per annum. (iv) Any other relief which the Hon'ble Court may deem fit and proper may kindly be passed in favour of the petitioner." 3. Counsel for petitioner submits that in the judgment dated 01.08.2017 passed by learned Labour Court, Kota, his contractual period service has been treated to be in continuity from the date of appointment and on that basis, petitioner is entitled to claim regularization and grant of pay scale. 4. During the course of arguments, counsel for petitioner admits that claim of regularization of service of petitioner requires appreciation of evidence and recording of evidence for which instead of invoking the writ jurisdiction of High Court, the petitioner could/should have first approached the Labour Court. 5. In that view of the matter, counsel for petitioner made a limited prayer to relegate the petitioner to approach before the Labour Court seeking prayer made in the instant writ petition. 6. Counsel for the respondents has no objection for the same. (3 of 3) [CW-8137/2023] 7. Accordingly, the civil writ petition is dismissed as withdrawn with liberty to the petitioner to file an application before the Labour Court seeking regularization and grant of pay scale 8. In case, petitioner files an application before the Labour Court, it is expected that same shall be decided expeditiously in accordance with law. 9. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J HEENA/54