GEETA DEVI SALVI W/O LATE SHRI SHAMBU DEV v. THE STATE OF RAJASTHAN
CW/16199/2025 · 2025-11-03
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45786 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45786 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:44135] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16199/2025 Geeta Devi Salvi W/o Late Shri Shambu Dev, Aged About 60 Years, Resident Of Village-Nareli, District Bhilwara (Raj.) ----Petitioner Versus
1. The State Of Rajasthan, Through The Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur.
2. District Program Coordinator Cum Collector, Bhilwara District
3. District Education Officer, Primary Education, Bhilwara.
4. The Vikas Adhikari, Panchayat Samiti, Mandal District Bhilwara.
5. The Sarpanch, Gram Panchayat Nareli, Panchayat Samiti Mandal, District Bhilwara. ----Respondents For Petitioner(s) : Mr. Pradeep Kalwaniya For Respondent(s) : Mr. S.S. Naruka, AAG with Mr. Jitendra Kumar Thakar & Mr. Tanishq Aditya Parmar HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 03/11/2025
1. Instant writ petition is filed by the petitioner with following prayer:
“i) By an appropriate writ, order or directions, the respondent authorities may kindly be directed that the services of the petitioner’s shall not terminate/retire till the age of her 65 years. ii) Any other appropriate writ, order or direction which this Hon’ble Court deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners. iii) Writ petition filed by the petitioners may kindly be allowed with cost.”
[2025:RJ-JP:44135] (2 of 3) [CW-16199/2025]
2.
Learned counsel for petitioner while placing reliance upon
order dated 19.05.2025 in S.B. Civil Writ Petition No. 9438/2025 (Manmal Rana Vs. The State of Rajasthan & Ors.) submits that as per circular dated 11.07.2017 issued by DOP, contractual employee can continue upto attaining the age of 65 years. He further referred Annexure-4 dated 15.02.2023 issued by D.E.O (Headquarter) Elementary, Bhilwara and submitted that even the appointment order is issued for a period of five years and the services of the petitioner cannot be terminated before
15.02.2028.
3. Learned AAG appearing on behalf of respondent(s) while referring Rule -11 of the Rajasthan Contractual Hiring to Civil Post Rules, 2022 (hereinafter referred as “Rules of 2022”) submits that the contractual appointment cannot be extended beyond the date on which contractual appointee attains the age of 60 years. He further submits that as per Condition-II of impugned appointment
order dated 15.02.2023 (Annexure-4), the Rules of 2022 are applicable upon the petitioner.
4. Having considered the submissions of learned counsel for parties, it is apparent from Annexure-4 that an appointment order for a period of five years is issued by District Education Officer (Headquarter) Elementary, Bhilwara and services are going to terminate on 15.02.2028, however, there is condition no. (VIII) that the services can be terminated after serving a notice of three months or payment of wages in lieu of the notice period, therefore, considering the appointment order dated 15.02.2023 the respondent(s) are directed to act in accordance with appointment order dated 15.02.2023 and not to terminate
[2025:RJ-JP:44135] (3 of 3) [CW-16199/2025] services contrary to the condition laid down in appointment order dated 15.02.2023. However, the respondent(s) are at liberty to act as per Clause-(VIII) of the appointment order dated 15.02.2023 (Annexure-4).
5. Till termination of petitioner in accordance with Annexure-4 the petitioner is entitled to continue to work at the place assigned by respondent(s).
6. With aforesaid, instant writ petition and misc. application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J CHETNA BEHRANI /284