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2025 DAILYLAW 21995 (RAJ)

KAMLESH KUMAR SAINI S/O SHRI PEERULAL SAINI v. STATE OF RAJASTHAN

CW/9429/2025 · 2025-07-01

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:23993] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9429/2025 Kamlesh Kumar Saini S/o Shri Peerulal Saini, Aged About 42 Years, R/o Ward No.1, Chidiyon Ki Badi, Tonk Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Government Secretariat, Jaipur 2. Zila Parishad Tonk, Through Additional District Program Coordinator Cum Chief Executive Officer 3. Program Officer (Egs) Cum Development Officer, Panchayat Samiti Tonk, District Tonk ----Respondents For Petitioner(s) : Mr. Laxmi Kant Malpura For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 01/07/2025 1. The contention of counsel for petitioner is that petitioner is a contractual employee and as per Rule 16 of the Rajasthan Contractual Hiring to Civil Posts Rules, 2022, the contractual employee cannot be transferred from one place to another. Petitioner has been transferred within District Tonk, from Panchayat Samiti Tonk to Panchayat Samiti Uniara. 2. Undisputedly, petitioner’s appointment is on contract basis, but same is not under the rules of Rajasthan Contractual Hiring to Civil Posts Rules, 2022. 3. This Court is of the considered opinion that petitioner is not entitled to take resort of Rule 16 of the Rajasthan Contractual Hiring to Civil Posts Rules, 2022, and the arguments made by counsel for petitioner is misconceived as well as misleading to the [2025:RJ-JP:23993] (2 of 2) [CW-9429/2025] Court. hence, the writ petition is devoid of substance and same is hereby dismissed. 4. Since counsel for petitioner has misleaded the Court, he is saddled with cost of Rs. 10,000/-, which shall be deposited with the Litigants Welfare Fund by way of Demand Draft/Banker’s Cheque in the name of Registrar General LWFA, Rajasthan High Court within period of four weeks. 5. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN /17