[2026:RJ-JP:7303] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18731/2022 Mohan Lal Saini S/o Shri Kanhaiya Lal, Aged About 60 Years, R/o Maliyon Ka Mandir, Nanta, Kota. ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Department Of Local Self Government, Secretariat, Jaipur. 2. Director, Department Of Local Self Govt. Residency Area, Civil Lines, Jaipur. 3. Municipal Corporation, Kota, Through Its Chief Executive Officer. ----Respondents For Petitioner(s) : Mr. Naseemuddin Qazi For Respondent(s) : Ms. Pooja Sharma, AAAG for Mr. Manoj Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 21/01/2026 1. The instant writ petition is filed by the petitioner with following prayer:- "It is therefore, most humble prayed that the Hon'ble Court may very graciously be pleased to allow this writ petition; and further be pleased to direct the respondents to amend the order dt. 27.04.2017 (Ann.4) thereby amending the effective date of regularization of the service of the petitioner from 26.04.1997 instead of 27.04.2017, i.e. the date when he completed ten years daily wages service, with all consequential benefits like arrears of salary and interest thereupon. Any other direction which this Hon'ble Court deems just and proper in favour of the petitioners may kindly be passed; Cost of the writ petition may be awarded in favour of the petitioner." [2026:RJ-JP:7303] (2 of 4) [CW-18731/2022] 2. Initially, this writ petition is tagged with a bunch of petitions, but the same is detagged. 3. The brief facts of the case are that the petitioner, who was engaged as Helper on daily wage basis in Municipal Council, Kota since 01.10.1983, has claimed regularization pursuant to notification dated 27.01.2011, and petitioner has filed a S.B. Cvil Writ Petition No.8676/2015, which was allowed on 26.04.2017. The services of the petitioner were regularized by the respondents vide order dated 27.04.2017. The petitioner has claimed that the services of the petitioner be regularized from the date of completion of period of 10 years as daily wager. 4. The material on record clearly indicates that the petitioner was engaged as Helper in Municipal Corporation, Kota on 01.10.1983. Initially, the petitioner has served upto 08.07.1984, later his services were terminated. Thereafter, the petitioner was engaged after two months and continued till 31.10.1986, but on 01.11.1986, the services of the petitioner were terminated. The petitioner has raised an industrial dispute and an award dated 26.04.1997 is passed in favour of the petitioner by Industrial Tribunal, Kota. The petitioner has filed writ petition No. 8676/2015 for issuance of a direction to the State Government for regularization of petitioner pursuant to letter dated 30.09.2013 addressed by the Municipal Corporation Kota. 5. During pendency of writ petition No. 8676/2015, the counsel appearing on behalf of Department of Local Self Government has informed that they decided to regularize the services of the petitioner and a formal order will be issued within one week. As a result, the writ petition was disposed in the following terms:- [2026:RJ-JP:7303] (3 of 4) [CW-18731/2022] "Counsel appearing for the petitioner has submitted that the present writ petition be allowed, in terms of the statement made by Mr. Manu Bhargava, ld. Government Counsel appearing for the respondents. The prayer made by the learned counsel appearing for the petitioner is, hereby, accepted. Consequently, present petition is allowed. The respondents are directed to issue within one week necessary orders for regularization of the services of the petitioner, in terms of the statement made by Mr. Manu Bhargava, ld. Government Counsel appearing for the respondents and the order dated 18.04.2017 passed by the Director, Department of Local Self Government, which has been reproduced herein above. Let a copy of this order, under the seal and signature of the Court Master, be handed over to Mr. Manu Bhargava, ld. Government Counsel appearing for the respondents, for onward transmission and necessary compliance." 6. Subsequently, order dated 24.07.2017 is passed by Municipal Corporation, Kota in compliance of order dated 18.04.2017 issued by DLB. The petitioner got superannuated on 30.10.2022 after attaining the age of superannuation. After superannuation, the petitioner has submitted an application (Annexure-6) on 02.11.2022 demanding regular pay-scale from 26.04.1997 and regularization as per Rule 10 of the Rajasthan Municipalities (Class-IV Service) Rules, 1964 as amended in 2011 vide notification dated 27.01.2011. 7. The material on record clearly indicate that the issue of regularization was already considered by a Co-ordinate Bench in previously decided S.B. Civil Writ Petition No.8676/2015 on 26.04.2017. After the order of a Co-ordinate Bench, an order dated 27.04.2017 was issued but the order dated 27.04.2017 was [2026:RJ-JP:7303] (4 of 4) [CW-18731/2022] never challenged by the petitioner. Only after superannuation, the petitioner has filed this writ petition. 8. The prayer clause itself indicate that instead of challenging order dated 27.04.2017, an amendment is sought in order dated 27.04.2017. The writ petition is filed on 07.12.2022 means after five and a half years of the order dated 27.04.2017. The petitioner has accepted the order when he was in service but never made a representation to agitate the issue but now after superannuation, he is ready to drag the Department and same is sufficient to draw a conclusion that on ground of delay and laches and acceptance of order during service, are enough not to entertain this writ petition. 9. As a result, the writ petition is hereby dismissed with pending application, if any. (ASHOK KUMAR JAIN),J MR/3