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2025 DAILYLAW 5388 (RAJ)

JAGDISH PRASAD SAINI S/O SHRI ISHWAR RAM SAINI v. ASSISTANT ENGINEER

CW/2028/2025 · 2025-07-07

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:24980] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2029/2025 Mukesh Kumar Sharma S/o Shri Shankar Lal Sharma, R/o Balwad, Post Neemki, Via Kanwat, Tehsil Shrimadhopur. District Sikar (Rajasthan). ----Petitioner Versus 1. Assistant Engineer, Public Health And Engineering Department, Sub Division Khandela, District Sikar (Rajasthan). 2. Superintending Engineer, Public Health And Engineering Department, Sikar, Circle, District Sikar (Rajasthan) 3. Sarpanch, Gram Panchayat Sujana, Panchayat Samiti Khandela, District Sikar (Rajasthan). ----Respondents Connected With S.B. Civil Writ Petition No. 2028/2025 Jagdish Prasad Saini S/o Shri Ishwar Ram Saini, R/o Mishrawali Dhani, Panchayat Samiti Shrimadhopur, District Sikar (Rajasthan). ----Petitioner Versus 1. Assistant Engineer, Public Health And Engineering Department, Sub Division Reengus, District Sikar (Rajasthan). 2. Superintending Engineer, Public Health And Engineering Department, Sikar Circle, District Sikar (Rajasthan) 3. Sarpanch, Gram Panchayat Kotdi Simarla, Panchayat Samiti Shrimadhopur, District Sikar (Rajasthan) ----Respondents For Petitioner(s) : Mr. Vinayak Kumar Joshi Ms. Mimansa Joshi For Respondent(s) : Ms. Mahi Yadav, AAG Mr. Aditya Godara Mr. Ramesh Kumar Rathi, Superintending Engineer, PHED Circle Sikar. HON'BLE MR. JUSTICE SUDESH BANSAL Order 07/07/2025 1. In furtherance to the previous orders dated 20.05.2025, 27.05.2025 and 01.07.2025, passed by this Court, two separate applications have been filed by and on behalf of respondents seeking exemption for personal presence of Additional Chief [2025:RJ-JP:24980] (2 of 3) [CW-2029/2025] Secretary, PHED, stating inter alia, that the entire payment of minimum wages including arrears to the petitioners in compliance of the orders dated 21.08.2020 and 16.10.2020 have been made. In support, the receipts of the payment of Rs.13,12,152/- by petitioner Mukesh Kumar Sharma and amount of Rs.24,62,707/- by petitioner Jagdish Prasad Saini have been enclosed with the applications as Annexure-A/2. 2. Counsel for both petitioners, having instructions from petitioners, admits that the orders dated 21.08.2020 and 16.10.2020 passed by the Authorities under Minimum Wages Act, 1948, have been complied with in toto and no penny is due against the respondents, payable under such orders. 3. Counsel for petitioners, undertake that in view of receipts of entire amount, petitioners shall not press the execution of the orders dated 21.8.2020 and 16.10.2020 and shall withdraw the same. 4. Taking into consideration the afore-referred factual aspects, no further direction to expedite the execution proceedings are narrated and instant writ petitions have rendered infructuous. 5. In view of the above, the writ petitions stand disposed of. 6. The personal presence of Additional Chief Secretary is not required, hence, exempted. 7. The Superintending Engineer, PHED, Circle Sikar, is present in person, his presence is also no more required, hence, exempted. 8. The observations recorded by this Court against Ramesh Kumar Rathi, Superintending Engineer, PHED, Circle Sikar for [2025:RJ-JP:24980] (3 of 3) [CW-2029/2025] holding him guilty for committing Contempt of Court are hereby expunged and notices of contempt are hereby withdrawn. 9. The office of Superintending Engineer, PHED, Circle Sikar, which was ordered to be sealed under order dated 20.05.2025 by this Court, be de-sealed by the concerned District Judge forthwith and the Superintending Engineer, is permitted to sit and use his chamber for official work. 10. Stay applications and other pending applications, if any, stand disposed of. 11. A copy of this order be sent to the Executing Court, to close the proceedings on execution petitions and for record. (SUDESH BANSAL),J NITIN /244-245