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2025 DAILYLAW 31789 (RAJ)

MANISH TAMBOLI S/O SHRI KRIPA SHANKAR TAMBOLI v. RAJASTHAN STATE ASSEMBLY

WMAP/375/2018 · 2025-04-08

Sudesh Bansal

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:15688] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No. 375/2018 In S.B. Civil Writ Petition No.6751/2018 1. Manish Tamboli S/o Shri Kripa Shankar Tamboli, Aged About 32 Years, R/o 42, Katputli Nagar, Jyoti Nagar Mode, Katputli Nagar, Jaipur, Rajasthan 2. Laxmi Narayan Son Of Mithu Ram, R/o 45, Kachhi Basti, Tila No. 7A, Jawahar Nagar, Jaipur, Rajasthan 3. Deepak Goyar Son Of Shri Sishipal Goyar, 400, Bhawani Singh Road, Shahid Harijan Kachhi Basti, Ward No. 16, Jaipur, Rajasthan 4. Surendra Kumar Khoda S/o Shri Jamana Prasad Khoda, A-11, New Mount Road, Brahmpuri, Jaipur 5. Pappu Ram Son Of Shri Harsahai, R/o 421, Gram Garhmora, Tehsil Nadoti, Garhmjora, Garhmoran, Karauli, Rajasthan 6. Jaiki Son Of Shri Ashok, R/o 27, Village Ada Doongar, Tehsil Sapotara, Ada Doongar, Amargarh Dang, Karauli, Rajasthan 7. Jeevan Sirsiya S/o Shri Sumer Singh, 7-B, Jawahar Nagar, Kachhi Basti, Jawahar Nagar, Jaipur, Rajasthan 8. Renu Shrivastava D/o Shri Rajendra Prasad Shrivastava, R/o 8/23, Purv Vidhayak Nagar, Opposite Aditya Hospital, Lalkothi, Gandhi Nagar, Lal Kothi, Jaipur, Rajasthan 9. Ajay S/o Shri Narayan, R/o 163,amagarh Vedpuri Harijan Basti, Jaipur, Rajasthan 10. Krishan Harija Son Of Shri Ashok Harijan, R/o Ada Dungar Karauli 11. Mahesh Kumar S/o Shri Basant Kumar, R/o 3, Heera Nagar Mali Ki Koti, Kanota, District Jaipur, Rajasthan ----Petitioners Versus 1. Rajasthan State Assembly, Janpath, Jaipur Through Its Secretary 2. Secretary, Rajasthan State Assembly, Janpath, Jaipur ----Respondents For Petitioner(s) : Mr. Arnav Singh for Mr. Sandeep Pathak For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 08/04/2025 1. Instant Civil Miscellaneous Application has been filed by and on behalf of respondents-Rajasthan State Assembly, seeking [2025:RJ-JP:15688] (2 of 3) [WMAP-375/2018] recalling of the final order dated 06.04.2018 passed in S.B. Civil Writ Petition No.6751/2018, disposing of the writ petition in terms of order passed in case of Budh Singh Vs. Urban Improvement Trust, Alwar: S.B. Civil Writ Petition No. 1882/2016 on 15.05.2017. 2. Though, the notices to the original writ petitioners were issued but have not been filed, hence, with the consent of counsel for applicants, the misc. application has been heard on merits at this stage itself. 3. Fundamentally, recall of order dated 06.04.2018 has been prayed for on the ground that indeed the writ petitioners were the contractual employees of the placement agency as Class-IV employee and were deputed in the Rajasthan State Assembly but were not the direct contractual/ temporary employees of the State Assembly, therefore, the principle of equal pay for equal work, as applied by the Rajasthan High Court in case of Budh Singh (supra), does not apply qua the writ petitioners. 4. Having considered the grievance of petitioners and the reasons to seek recall of the final order dated 06.04.2018, this Court finds that the writ petitioners have moved a Representation dated 07.05.2018 before the applicants, for grant of equal pay for equal work and in that Representation, writ petitioners themselves have stated their status as "working on contract basis as Class IV employee through placement agency". Thus, it is open for the applicants to decide their Representation, assigning the reasons for not following the principle of equal pay for equal work as [2025:RJ-JP:15688] (3 of 3) [WMAP-375/2018] followed in case of Budh Sigh (supra), wherein the writ petitioners were temporary employee of department. 5. Since, the Representation moved by the original writ petitioners, has not been decided by the applicant on merits, this Court grants liberty to the applicants to decide the Representation of writ petitioners, considering their status as contractual employee through placement agency and not of direct employee of State Assembly. Therefore, the order dated 06.04.2018 is not required to be recalled. 6. In that view of the matter, with the aforesaid liberty to the applicants, the instant Civil Miscellaneous Application, is disposed of. 7. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J RONAK JAIMAN/29