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2025 DAILYLAW 37259 (RAJ)

SEEMA BAI GURJAR D/O MOHAR SINGH GURJAR W/O SANJAY KUMAR GURJAR v. THE STATE OF RAJASTHAN

CW/18136/2025 · 2025-12-09

Ashok Kumar Jain

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:50869] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18136/2025 Seema Bai Gurjar D/o Mohar Singh Gurjar W/o Sanjay Kumar Gurjar, Aged About 33 Years, R/o Outside Delhi Gate, Mohalla Phootikhel, Alwar (Rajasthan) ----Petitioner Versus 1. The State Of Rajasthan, Through Its Secretary, Panchayat Raj Department, Government Secretariat, Jaipur. 2. The Commissioner, Panchayati Raj Department, Government Secretariat, Jaipur. 3. The Chief Executive Officer, Zila Parishad, Alwar. 4. The Block Development Officer, Panchayat Samiti Malakheda, Alwar. 5. The District Collector, Collectorate, Alwar. ----Respondents For Petitioner(s) : Mr. Sandeep Singh Shekhawat For Respondent(s) : Mr. Kapil Prakash Mathur, Aag with Mr. Prateek Saxena and Mr. Mahendra Pratap Singh HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/12/2025 1. Instant writ petition is preferred by petitioner with following prayer:- I. Quash and set aside the impugned order/letter dated 14.11.2025, whereby the services of the petitioner have been illegally terminated. II. Direct the respondents to reinstate the petitioner on the post of LDC with all consequential benefits, including continuity of service, arrears of salary, and restoration of seniority. [2025:RJ-JP:50869] (2 of 3) [CW-18136/2025] III. Any other writ or direction that the court deems fit, just and proper may kindly be issued in favour of the petitioner. 2. Learned counsel for petitioner submits that a Coordinate Bench at Principal Seat, Jodhpur has considered identical issue in case of Sharvan Choudhary Vs. State of Rajasthan and Ors.: S.B. CWP No.4298/2025 decided on 08.05.2025 and the writ petition is liable to be disposed in terms of ratio as laid down in case of Sharvan Choudhary Vs. State of Rajasthan (supra). 3. Learned counsel for petitioner has further submitted that petitioner was appointed on 24.11.2022 on post of LDC after due scrutiny of her documents and her services were regularized vide order dated 02.12.2024. He further submits that all of sudden, the petitioner was removed from the service without any enquiry under the Rajasthan Civil Services (CCA) Rules, 1958. He further submits that the order of termination or removal is arbitrary, illegal and contrary to the rules and principle of natural justice. 4. Aforesaid contentions were opposed by learned counsel appearing on behalf of respondents and he submits that order dated 08.05.2025 in case of Sharvan Choudhary (supra) is challenged by the State of Rajasthan by filing D.B. Special Appeal Writ No.1188/2025 and on 17.11.2025, the effect and operation of order dated 08.05.2025 was stayed by the Division Bench. 5. Considered submission of learned counsel for the parties and also perused the order as referred by learned counsel for both the counsels but they agreed that the writ petition be disposed at this stage subject to modification of order by the Division Bench in D.B. SAW No.1188/2025. [2025:RJ-JP:50869] (3 of 3) [CW-18136/2025] 6. Having considered submission of learned counsel for the parties, the writ petition filed by the petitioner is disposed in light of judgment dated 08.05.2025 in case of Sharvan Choudhary (supra) subject to modification or change by the Division Bench in D.B. Special Appeal Writ No.1188/2025. If the D.B. Special Appeal Writ preferred by State of Rajasthan is dismissed, then the termination order dated 14.11.2025 qua present petitioner shall deemed to be set aside and petitioner is entitled for reinstatement and the respondents are at liberty to conduct enquiry as contemplated in case of Sharvan Choudhary (supra) (S.B. CWP No.4298/2025). 7. It is made clear that if the judgment dated 08.05.2025 is set aside by the Division Bench, then the writ petition is liable to be dismissed on the basis of ratio in case of Sharvan Choudhary (supra). 8. The instant writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /232