NARENDRA KUMAR SAIN v. STATE PANCHAYATI RAJ DEP ORS
CW/12782/2012 · 2025-08-14
Anand Sharma
body2025
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[ 2025 DAILYLAW 9671 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 9671 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:31830] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12782/2012 Narendra Kumar Sain S/o Shri Nand Kishore, aged about 43 years, R/o Village Bhedola, Tehsil Chauth ka Barwara, District Sawai Madhopur (Raj.) Ex employee of Village Panchayat, Behdola. ----Petitioner Versus
1. State of Rajasthan through Secretary, Rural Development and Panchayatiraj Department, Secretariat Jaipur (Raj.)
2. District Collector Sawaimadhopur (Raj.)
3. Zila Parishad, Sawai Madhopur through its Executive Officer.
4. Development Officer, Panchayat Samiti Sawaimadhopur (Raj.)
5. Sarpanch, Gram Panchayat Bhedola, Tehsil Chhauth ka Barwara, Distirct Sawaimadhopur, at present Shri Bharat Singh Rajawat, Sarpanch (Raj.) ----Respondents For Petitioner(s) : Mr. Mahendra Sharma For Respondent(s) : Mr. Dheeraj Tripathi, AGC HON'BLE MR. JUSTICE ANAND SHARMA
Order 14/08/2025
1.
Learned counsel submits that earlier also one S.B. Civil Writ Petition No. 2892/2011 was filed by the petitioner which was withdrawn with a liberty to make a representation before the respondents in the light of judgment of Jetha Ram Deora Vs. IIT Ltd. & Ors. reported in 2011(1) WLC 39.
2. Pursuant to order dated 28.02.2012 passed in above writ petition, the petitioner submitted representation to the Secretary, Rural Development and Panchayatiraj Department, Secretariat Jaipur, Collector Sawai Madhopur, Zila Parishad, Sawai
[2025:RJ-JP:31830] (2 of 3) [CW-12782/2012] Madhopur, and Sarpanch, Gram Panchayat, Bhedola. However, the same has been rejected by the Development Officer of Panchayat Samiti vide order dated 01.05.2012.
3.
Learned counsel submits that the order dated 01.05.2012 is totally unjustified for the reason that the request made by the counsel for the petitioner was not for regularization in a particular gram panchayat and his request ought to have been considered for regularization on the post of Class-IV employee available anywhere in the State in Panchayati Raj Department.
4.
Learned counsel for the respondents submits that the competent authority has rightly passed the order dated 01.05.2012 after considering the judgment delivered by this Court. There is no infirmity or illegality in the impugned order dated 01.05.2012.
5. I have considered the submissions of learned counsel for the parties and examined the record.
6. I find that the impugned order dated 01.05.2012 has not been passed in the right spirit of the judgment of Jetha Ram Deora (supra).
7. The respondents are expected to consider the request for regularization on the post of Class-IV employee available anywhere in the Panchayati Raj Department of Government of Rajasthan. Such request cannot be narrowed down only for a particular Gram Panchayat.
8. In the light of above, the writ petition filed by the petitioner is disposed of with a direction that the earlier representation submitted by the counsel for the petitioner shall be considered by the Secretary, Rural Development and Panchayatiraj
[2025:RJ-JP:31830] (3 of 3) [CW-12782/2012] Department, Secretariat Jaipur and the appropriate order shall be passed in the period of three months from the date of receipt of copy of this order.
9. Ordered accordingly.
(ANAND SHARMA),J NEERU/26