[2025:RJ-JP:37445] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1442/2007 Lalit Kumar @ Mamraj Meena S/o Goru Ram Meena, aged about 38 years, R/o Kotadi Luharwas, Panchayat Samiti Khandela, Dist. Sikar ----Petitioner Versus 1. State of Rajasthan through Secretary, Department of Panchayati Raj, Secretariat, Jaipur 2. Director, Department of Panchayati Raj, Jaipur 3. Gram Panchayat Kotari Luharwas, Panchayat Samiti Khandela, Dist. Sikar through Sarpanch ----Respondents For Petitioner(s) : Mr. Tanmay Dhand with Mr. Suraj Kumar Dixit For Respondent(s) : Mr. Dheeraj Tripathi, AGC HON'BLE MR. JUSTICE ANAND SHARMA Order 15/09/2025 1. Petitioner has filed the instant writ petition for seeking direction against the respondents to regularize the service of the petitioner on the post of Class-IV employee/Peon and to direct for granting all benefits to the petitioner. It is submitted that the petitioner was appointed as Peon/Class-IV employee in Gram Panchayat, Kotadi Luharwas, Panchayat Samiti Khandela, Dist. Sikar on 01.08.1994, and since then, he has been regularly working in the aforesaid Gram Panchayat. However, instead of regularizing his services and granting him regular pay scale, only Rs.800/- per month is being paid to him, which is clear cut [2025:RJ-JP:37445] (2 of 4) [CW-1442/2007] exploitation of the petitioner in violation of Article 14 & 21 of the Constitution of India. 2. Learned counsel appearing for the respondents submits that although the petitioner was appointed in the year 1994, yet he was not rendering the services regularly and was required to work only for a few days in a month, for which wages of Rs.800/-, being paid to the petitioner are sufficient. It is submitted that the petitioner cannot claim regularization on the post of Class-IV employee/Peon, as he has never discharged regular duties in respondent- Gram Panchayat. 3. Learned counsel for the respondents has relied upon the judgment of Hon’ble Supreme Court in the case of Secretary, State of Karanataka & Ors. Vs. Umadevi & Ors. reported in (2006) 4 SCC 1 in order to argue that the Hon'ble Supreme Court has deprecated the practice of indirect recruitment through backdoor entry and to regularize the persons subsequently. Hence, he prayed for dismissing the writ petition filed by the petitioner. 4. Heard learned counsel for the parties and perused the record. 5. It is an undisputed fact that the petitioner was initially engaged as Peon in Gram Panchayat Kotadi (Luharwas) in the year 1994 and as is the norm for last more than 30 years, he has been rendering services in the aforesaid Gram Panchayat. Upon specific query, learned counsel for the petitioner has informed the Court that the petitioner is still in continuing in service and has never been discontinued. His continuance in service is without there being any aid of any interim order/final order of the Court. [2025:RJ-JP:37445] (3 of 4) [CW-1442/2007] 6. Although, in the case of State of Karnataka Vs. Uma Devi, the Hon'ble Supreme Court deprecated the practice of engaging employees on an irregular basis, yet in Para 53 of the said judgment, the Hon'ble Supreme Court directed the appropriate Governments to frame a policy for the purpose of regularization of the employees. In compliance of judgment of the Hon'ble Supreme Court in the case of Umadevi (supra), the State Government vide notification dated 27.02.2009, made amendment in the Rajasthan Class-IV Service Rules and a provision of screening of such employees who have continued pursuant to their irregular appointment for a period of 10 years as on 10.04.2006 was inserted in the Rules and after screening, suitable candidates were required to be regularized. 7. In the instant case, where the petitioner has completed more than 10 years of service as on 10.04.2006, yet his candidature was never considered by the respondents for the purpose of regularization. No plausible reason has been put forward by the respondents for not considering the petitioner pursuant to aforesaid notification dated 27.02.2009. Such non-consideration is totally arbitrary and in violation of Article 14 of the Constitution of India. 8. As regards continuing irregular/daily wagers/contractual employees for considerably long period recently, the Hon'ble Supreme Court in the case of Dharam Singh & Ors. Vs. State of U.P. & Anr. reported in 2025 INSC 998 and Jaggo Vs. Union of India & Ors., 2024 SCC OnLine SC 3826 and Shripal & Anr. Vs. Nagar Nigam, Ghaziabad, 2025 SCC OnLine SC 221 has passed serious remarks against [2025:RJ-JP:37445] (4 of 4) [CW-1442/2007] such practice and has termed the same as clear cut exploitation of the employees. Considering all the aforesaid judgments, Division Bench of this Court in the case of Badrilal Vs. State of Rajasthan & Ors. in D.B. Special Appeal (Writ) No.937/2022 vide order dated 26.08.2025, has directed for regularization of an employee who was continuing as Class-IV employee since the year 1986. 9. In the light of above and more particularly, when the State Government itself has framed scheme of regularization of the employee vide notification dated 27.02.2009, this Court deems it just and proper to allow the writ petition filed by the petitioner with the direction to the respondents to constitute a screening committee for the purpose of regularization of the petitioner pursuant to notification dated 27.02.2009, and to take appropriate decision within a period of two months from the date of receipt of certified copy of this order. In case, the petitioner is otherwise found eligible, order of regularization be passed in his favour by granting all the consequential benefits from the date of regularization. 10. Ordered accordingly. (ANAND SHARMA),J DIVYA /11