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2026 DAILYLAW 4892 (RAJ)

JAGDISH PRASAD S/O SHRI BIRDA RAM BAIRWA v. SOCIAL WELFARE OFFICER

CW/22310/2018 · 2026-02-18

Ashok Kumar Jain

body2026

Judgment text

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[2026:RJ-JP:7687] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 22310/2018 Jagdish Prasad S/o Shri Birda Ram Bairwa, Aged About 50 Years, R/o Mohalla Brahmchari Bhairu Thana Alwar ----Petitioner Versus 1. Social Welfare Officer, Alwar 2. Director Social Welfare Department, Rajasthan, Jaipur. ----Respondents For Petitioner(s) : Mr. Ajay Gupta For Respondent(s) : Mr. Manish Bhardwaj for Mr. Amitosh Pareek, Dy. GC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 18/02/2026 1. The instant writ petition is filed by the petitioner for non- compliance of award dated 05.01.2011 in IT Case No.123/2006 (Old No.31/1998 LCR) decided on a reference dated 24.01.1998 by learned Industrial Tribunal cum Labour Court, Alwar. 2. The instant writ petition is filed by the petitioner with following prayer:- "(i) by an appropriate writ order or direction the order dated 11.01.2018 may be quashed and set aside further the respondents may be directed to regularize the service of the petitioner by taking continuous service from 1983 with all consequential benefits. (ii) by an appropriate writ order or direction the respondents may be directed to regularize the service of the petitioner independently on the post of Cook in terms of order dated 01.10.1996 with all consequential benefits. (iii) by an appropriate writ order or direction, without prejudice to the above the respondents [2026:RJ-JP:7687] (2 of 3) [CW-22310/2018] may be directed to pay the minimum of the pay- scale on the lowest grade in the regular pay scale extended to regular employees holding the same post to the petitioner with all consequential benefits. (iv) Any other appropriate writ, order or direction which may be considered just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner and the cost be awarded." 3. An application No. 1/2026 is filed by the petitioner to decide this writ petition in light of judgment in case of State of Rajasthan Vs. Mod Singh (Special Leave to Appeal (Civil) No.21173/1995) decided on 29.03.1996 by Hon'ble Supreme Court. He further referred order dated 12.02.2021 passed by a Co-ordinate Bench of this Court in case of Mukesh Kumar Vs. The State of Rajasthan and Ors. : S.B. Civil Writ Petition No.525/2007 and also order dated 29.02.2024 in case of Gulab Singh Vs. State of Rajasthan and Ors.: S.B. Civil Writ Petition No.5401/2014 and further placed reliance upon orders dated 01.10.1996 and 08.03.2022 issued by the respondents, and submitted that writ petition be disposed accordingly. 4. Learned counsel appearing on behalf of the respondents submits that they will examine the case of the petitioner in light of guidelines prepared by the State of Rajasthan in light of judgment in case of State of Rajasthan Vs. Mod Singh (supra) and if the case of the petitioner squarely fall within the parameters as prescribed therein, they will consider the case of the petitioner. 5. Having considered the aforesaid, the writ petition is disposed of in terms of order dated 29.03.1996 in case of State of Rajasthan Vs. Mod Singh (supra), further relied by a Co- ordinate Bench of this Court in case of Mukesh Kumar Vs. The [2026:RJ-JP:7687] (3 of 3) [CW-22310/2018] State of Rajasthan and Ors. (supra). The respondents are directed to consider the case of the present petitioner in light of guidelines prepared by the State of Rajasthan, pursuant to judgment in case of State of Rajasthan Vs. Mod Singh (supra) and if they find that the case of the petitioner squarely fall within the parameters as prescribed therein, then the same benefit be extended to the petitioner but if the case of the petitioner does not fall within the parameters, then an appropriate reasoned and speaking order be passed within 90 days from the date of receipt of a copy of this order and same be communicated to the petitioner either by way of speed post or through E-mail, if petitioner has provided his E-mail. 6. With the aforesaid, the writ petition stands disposed with pending application, if any. (ASHOK KUMAR JAIN),J MR/63