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2025 DAILYLAW 43975 (RAJ)

YOGRAJ SINGH SON OF SHRI JAGAN SINGH v. STATE OF RAJASTHAN

CW/19783/2025 · 2025-12-17

Ashok Kumar Jain

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:51282] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19783/2025 Yograj Singh Son Of Shri Jagan Singh, Aged About 40 Years, Resident Of Vpo- Lakhani, Tehsil Reengus, District Sikar (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary Cum Commissioner, Panchayati Raj Department, Govt. Secretariat, Govt. Of Rajasthan, Jaipur (Raj.) 2. The Chief Executive Officer Cum Member Secretary, Zila Parishad, Sikar (Raj.) 3. The Development Officer, Panchayat Samiti Khandela, District Sikar (Raj.) ----Respondents For Petitioner(s) : Mr. G.S. Gouttam For Respondent(s) : Mr. Prateek Saxena on behalf of Mr. Kapil Prakash Mathur, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/12/2025 1. Instant writ petition is preferred by petitioner with following prayer:- I) The Hon'ble Court may be declare illegal and arbitrary action of the respondents by which respondents without following the process of CCA Rules, 1958 cancel the appointment of petitioner and removed the petitioner from service vide letter dated 02.12.2025 as well as official order dated 09.12.2025 and same may kindly be quashed and set aside, II) Further may kindly directed respondents to allow the petitioner continue on the post of LDC in Panchayat Samiti Khandela, District Sikar looking to [2025:RJ-JP:51282] (2 of 3) [CW-19783/2025] the who higher marks than the candidates accorded appointment by allotting Panchayat Samiti in the year 2022; III) Any other appropriate order, or direction which this Hon'ble court deem fit and proper in favour of the appellant may also kindly be passed. 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 allowed 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 post of LDC after due scrutiny of documents and his services were regularized. 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 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 but both the counsels agreed that the writ petition be disposed at this stage [2025:RJ-JP:51282] (3 of 3) [CW-19783/2025] subject to judgment of the Division Bench in DBSAW No.1188/2025. 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 02.12.2025 as well as official letter dated 09.12.2025 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). 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. 8. The instant writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /141