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2026 DAILYLAW 18368 (RAJ)

PANKAJ KUMARI D/O SHRI SUMER SINGH W/O SHRI SINDHPAL KAJLA v. STATE OF RAJASTHAN

CW/9539/2022 · 2026-01-21

Ashok Kumar Jain

Public Interest Litigationbody2026

Judgment text

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[2026:RJ-JP:2742] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9539/2022 Pankaj Kumari D/o Shri Sumer Singh W/o Shri Sindhpal Kajla, Aged About 45 Years, Resident Of Kajla Sadan, Nawalgarh Road, Sikar ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Rural Development And Panchayati Raj Department Department, Govt. Secretariat, Jaipur (Raj.) 2. Zila Parishad Sikar, Through Its Chief Executive Officer, Opposite Santoshi Mata Mandir, Devipura, Sikar, Rajasthan-332001 3. Development Officer, Panchayat Samiti Piprali, District Sikar ----Respondents Connected With S.B. Civil Writ Petition No. 9537/2022 Vijay Pal Singh S/o Shri Gopal Singh, Aged About 38 Years, Resident Of Dhani Mungo Wali, Village And Post Hanspur, Via. Shrimadhopur, District Sikar-332715 ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Rural Development And Panchayati Raj Department Department, Govt. Secretariat, Jaipur (Raj.)-302005 2. Zila Parishad Sikar, Through Its Chief Executive Officer, Opposite Santoshi Mata Mandir, Devipura, Sikar, Rajasthan-332001 3. Development Officer, Panchayat Samiti, Shrimadhopur, District Sikar ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad Mr. Iliyas Khan Ms. Gurpreet Kaur Mr. Yashvardhan Singh [2026:RJ-JP:2742] (2 of 4) [CW-9539/2022] For Respondent(s) : Mr. Ashutosh Udawat, AAAG, Mr. Prateek Saxena, AAA, Mr. Pranay Sharma for Mr. Kapil Prakash Mathur, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 21/01/2026 1. S.B. Civil Writ Petition No. 9539/2022 has been filed with following prayers: “It is, therefore humbly prayed that Your Lordship may graciously be pleased to accept and allow this writ petition and by an appropriate writ, order or direction:- 1. The impugned letter dated 23.06.2022 (Annexure-19) and impugned Office Order dated 23.06.2022 (Annexure-20) may kindly be declared as arbitrary, illegal and accordingly be quashed and set aside while directing the respondents to allow the petitioner to continue at his place of posting on the post of L.D.C. as he was continuing prior to passing of impugned letter dated 23.06.2022 and impugned Office Order dated 23.06.2022, in the interest of justice. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner.” 2. S.B. Civil Writ Petition No. 9537/2022 has been filed with following prayers: “It is, therefore humbly prayed that Your Lordship may graciously be pleased to accept and allow this writ petition and by an appropriate writ, order or direction:- 1. The impugned letter dated 23.06.2022 (Annexure- 21) and impugned Office Order dated 23.06.2022 (Annexure-22) may kindly be declared as arbitrary, illegal and accordingly be quashed and set aside while directing the respondents to allow the petitioner to continue at his place of posting on the post of L.D.C. as he was continuing prior to passing of impugned [2026:RJ-JP:2742] (3 of 4) [CW-9539/2022] letter dated 23.06.2022 and impugned Office Order dated 23.06.2022, in the interest of justice. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner.” 3. The case of the petitioners is that on the basis of experience certificate submitted by them, the petitioners were selected by the respondent department pursuant to advertisement in the year 2013 (Annexure-1) and after appointment the petitioners were appointed vide order dated 07.09.2017 (Annexure-12) on the post of LDC and were allotted different Panchayat Samiti in District Sikar by Zila Parishad, Sikar. Thereafter, the respondent(s) came to know about the experience certificate of petitioner Pankaj Kumari and petitioner Vijay Pal Singh and issued a show cause notice to them and constituted a committee which has deliberated on 20.06.2022 and prepared a report. On the basis of report of appointment of petitioners Pankaj Kumari and Vijay Pal Singh were cancelled and their services were terminated. 4. Learned counsel for petitioners has placed reliance upon judgment of Division Bench of this Court dated 29.07.2022 in case of Tikam Chand Verma & Ors. Vs. State of Rajasthan & Ors. and other connected matter, (D.B. Civil Writ Petition No. 7316/2017), order dated 18.04.2014 in case of Manohar Lal Jaga Vs. State of Rajasthan & Ors. and other connected matters (D.B. Civil Writ Petition No. 5861/2013), order dated 08.02.2018 in case of Ramniwas Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 10519/2017) [2026:RJ-JP:2742] (4 of 4) [CW-9539/2022] 5. During course of arguments, learned counsel appearing on behalf of respondent(s) admitted that a detailed enquiry was not conducted by the respondents and only on the basis of show cause notice the services of petitioners were terminated by the respondent department, therefore, the writ petition be disposed of at this stage by giving liberty to the respondent(s) to conduct enquiry in accordance with rules against the petitioners. 6. Having considered the candid admission of learned counsel appearing on behalf of respondents, both the writ petitions are disposed of at this stage with consent in following manner: I) The impugned order dated 23.06.2022 (Annexure-19 & 20) in S.B. Civil Writ Petition No. 9539/2022 and impugned order dated 23.06.2022 (Annexure-21 & 22) in S.B. Civil Writ Petition No. 9537/2022 are hereby quashed and set aside. ii) The petitioners Pankaj Kumari and Vijay Pal Singh are reinstated on the post of LDC with all consequential benefits. iii) The respondents are at liberty to conduct enquiry as per rules against the petitioners after submissions of certificate. 7. The writ petitions along with misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /117-118