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2025 DAILYLAW 37641 (RAJ)

SHANKAR LAL SAINI S/O LATE SHRI KAJOD MAL SAINI v. STATE OF RAJASTHAN

CW/13982/2024 · 2025-10-08

Ashok Kumar Jain

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Judgment text

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[2025:RJ-JP:44847] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13982/2024 Shankar Lal Saini S/o Late Shri Kajod Mal Saini, Aged About 42 Years, R/o Karigaron Ka Mohalla, Mehandi Bag, District Tonk, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, College Education, Government Secretariat, Jaipur, Rajasthan. 2. Commissioner, College Education, Shiksha Sankul, J.l.n. Marg, Jaipur Rajasthan. 3. Principal, Government Post Graduate College, Tonk Rajasthan. ----Respondents Connected With S.B. Civil Writ Petition No. 11096/2022 Shankar Lal Saini S/o Late Shri Kajod Mal Saini, Aged About 40 Years, R/o Karigaron Ka Mohalla, Mehandi Bagh, District Tonk (Raj.). ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Secretary, Higher Education, Secretariat, Jaipur 2. The Commissioner, College Education, Block-4, Shiksha Sankul, Jln Marg, Jaipur. 3. The Joint Director (Admn.), College Education, Rajasthan, Jaipur. 4. The Principal, Govt. P.g. College, Tonk (Raj.). ----Respondents For Petitioner(s) : Mr. Kailesh Chander Sharma For Respondent(s) : Mr. Chinmay Saxena, Dy. GC with Mr. Jitendra Kumar and Mr. Sachin Rathore [2025:RJ-JP:44847] (2 of 4) [CW-13982/2024] HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/10/2025 In S.B. Civil Writ Petition No. 13982/2024:- 1. S.B. Civil Writ Petition No. 13982/2024 is preferred with following prayer:- vr% ;kfpdk izLrqr dj fuosnu gS fd mls Lohdkj tkdj foi{kh }kjk ikfjr lsoki`FkDdhdj.k vkns”k fnukad 12- 08-2024 izn”kZ&7 dks vikLr Qjek;k tkdj izkFkhZ dks iqu% lsok esa j[kus ds vkns”k QjekosaA ;g fd izkFkhZ dks izFke fu;qfDr frfFk fnukad 27-06- 2006 ls o’kZ 2016 esa 10 o’kZ dh iw.kZ djus ds Ik”pkr~ leLr ikfj.kkfed ykHkksa lfgr prqFkZ Js.kh deZpkjh ds in ij fu;fer fd;s tkus ds vkns”k QjekosaA ;g fd vU; dksbZ lgk;rk tks ekuuh; U;k;ky; izkFkhZ;k ds gd esa mfpr le>s iznku dh tkosaA 2. During course of argument, learned counsel for petitioner submits that the petitioner is continuously serving in the respondent-college and after withdrawal of dismissal order dated 12.08.2024 he is entitled to be considered for regularization. 3. Considered submission of learned counsel for the parties. 4 The instant writ petition is filed by the petitioner on the ground that service of petitioner were terminated vide order dated 12.08.2024 without following principles of natural justice and on 30.08.2024, a Co-ordinate Bench of this Court has stayed the order dated 12.08.2024 and present petitioner has joined his duties in respondent No.3-college on 26.09.2025. 5. Considering the submission of learned counsel for the parties, the writ petition is disposed of at this stage with liberty to the petitioner to submit a representation to the respondent for consideration of his case of regularization subject to provisions of rules and also in accordance with law as laid down in case of [2025:RJ-JP:44847] (3 of 4) [CW-13982/2024] State of Karnataka & Ors. Vs. Umadevi and Ors. (2006) 4 SCC 1. The petitioner is at liberty to re approach this Court after decision by the respondent(s) on representation submitted by the petitioner. 6. The respondents are under an obligation to consider and decide the representation within 30 days but respondents are directed not to dis-continue the services of the petitioner except following the process as prescribed under the rules. 7. With aforesaid, S.B. Civil Writ Petition No. 13982/2024 stands disposed with pending application(s), if any. In S.B. Civil Writ Petition No. 11096/2022:- 1. This writ petition has been filed by the petitioner with the following prayer:- “The respondents may kindly be directed to allow minimum wages to the petitioner on the post of Book Lifter while rendering service at office of respondent No.4 by extending his salary at par with similarly situated incumbents on the basis of principle of “equal pay for equal worrk., as per judgment of Hon’ble Apex Court (supra) with all consequential service benefits.” 2. During course of arguments, learned counsel for petitioner submits that the petitioner may be granted permission to file an appropriate representation before the respondents-Authority to consider and resolve his grievances. [2025:RJ-JP:44847] (4 of 4) [CW-13982/2024] 3. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents- Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to consider and decide the representation after enquiry about grievances, raised by the petitioner but with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the decision to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in his representation. If the petitioner is still aggrieved, he is at liberty to approach this Court with fresh petition. 4. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J MONU /80-81