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2025 DAILYLAW 42135 (RAJ)

DULICHAND S/O SHRI BUDHARAM v. THE STATE OF RAJASTHAN

CW/19285/2025 · 2025-12-19

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:51911] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19285/2025 Dulichand S/o Shri Budharam, Aged About 60 Years, R/o Bharat Nagar, Ward No. 41, Ratangarh District Churu ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan Secretariat, Jaipur 2. Chief Executive Officer, Zila Parishad Churu 3. District Education Officer, Elementary Education Churu 4. Block Development Officer, Panchayat Samiti Ratangarh, District Churu 5. Peep And Principal, Govt. Sr. Secondary School, Bharpalsar District Churu ----Respondents For Petitioner(s) : Mr. Rakesh Kumar Saini For Respondent(s) : Ms. Pooja Sharma for Mr. Manoj Sharma, AAG Mr. Prateek Saxena for Mr. K.P. Mathur, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 19/12/2025 1. Instant writ petition is preferred by petitioner with following prayer: “by appropriate writ, order or direction in the nature thereof the respondents may kindly be directed to regularize the service of petitioner on the post of Panchayat Sahayak/Vidhyalaya Sahayak from the date of his initial appointment an also pay arrears thereof with interest.” [2025:RJ-JP:51911] (2 of 3) [CW-19285/2025] 2. Learned counsel for petitioner while referring and relying upon judgment dated 03.09.2020 in S.B. Civil Writ Petition No.8028/2020 titled as Babita Devi and Ors. Vs. State of Rajasthan and Ors. submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Hon’ble Court at Principal Seat, Jodhpur on the basis of ratio laid down in case of State of Punjab and Ors. Vs. Jagjit Singh and Ors. reported in (2017) 1 SCC 148. He further submitted that instant writ petition be disposed of in accordance with aforesaid order. 3. Having considered the submissions of learned counsel for petitioner and also material placed on record, the writ petition may be disposed in light of Babita Devi and Ors. Vs. State of Rajasthan and Ors. (supra) and State of Punjab and Ors. Vs. Jagjit Singh and Ors. (supra). 4. 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 decide the representation in light of ratio laid down in case of Babita Devi and Ors. Vs. State of Rajasthan and Ors. (supra) and State of Punjab and Ors. Vs. Jagjit Singh and Ors. (supra), but in case of deviation 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 order to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in his representation. If the [2025:RJ-JP:51911] (3 of 3) [CW-19285/2025] petitioner is still aggrieved, he has a liberty to approach this Court with fresh petition. 5. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioner, then same benefits be extended. 6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /17