[2026:RJ-JP:23858] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 292/2003 URN: CW / 462U / 2003 Shri Sudhir Kumar Gupta, S/o Shri S. C. Gupta, aged about 39 years, resident of 2-ka-21, Housing Board, Shastri Nagar, Jaipur. ----PETITIONER Versus Rajasthan Rajya Vidyut Prasaran Nigam Ltd., Vidyut Bhawan, Jyoti Nagar, JAIPUR through its Chairman & Managing Director. ----NON-PETITIONER For Petitioner(s) : Mr. Sarthak Rastogi, Advocate. For Respondent(s) : Ms. Sonal Singh, Advocate on behalf of Mr. G. C. Garg, Advocate. HON'BLE MR. JUSTICE INDERJEET SINGH Order 30/06/2026 1. This writ petition has been filed by the petitioner with the following prayer: “1. By issue of appropriate writ, order or direction, the order dated 16.12.1996 may kindly be quashed and set aside to the extend to which he has been appointed as LDC (Data Entry Operator) and it may be modified in the tune that his appointment should be made as Computer Operator from the date of his initial joining or in the alternative at least from the aforesaid date and all other consequential benefits flowing there from may also kindly be allowed. 2. By issue of appropriate writ, order or direction, respondents may be directed to further consider the case of the petitioner for promotion on the post of Computer Programmer as he fulfills and acquires all the eligibilities including the experience and respondents may be directed to consider him for such promotion and he may be so promoted with all other consequential benefits. 2A. By issue of appropriate writ, order or direction, the decision dated 9.10.2003 given by the Settlement Committee of Rajasthan [2026:RJ-JP:23858] (2 of 3) [CW-292/2003] Rajya Vidhut Prasaran Nigam may kindly be quashed and set aside. 2-B By issue of appropriate writ, order or direction the clause(i) of order dated 16.12.96 issued by predecessor of respondent may kindly be quashed and set aside to the extent which it prescribes that the persons who have completed 3 years continuous satisfactory service be given appointment as LDC(Data Entry Operator) on adhoc basis in regular pay scale of LDC and the respondents may be directed to appoint the petitioner on the post of computer operator on adhoc basis in regular pay scale after completion of 3 years continuous satisfactory service. 2-C- By issue of appropriate writ, order or direction the respondent may be directed to consider the petitioner for promotion on the post of Computer Operator after completion of 5 years as Data Entry Operator and further on the post of Computer Programmer after completion of 5 years as Computer Operator. 3. Any other relief which this Hon'ble Court may deem fit, just and proper in the circumstances of the case, the same may kindly be granted in the favour of the petitioner. 4. Cost of the writ petition may kindly be awarded in favour of the petitioner.” 2. Grievance of the petitioner is that the petitioner has been appointed by the respondent on the post of Computer Operator. Thereafter, the respondent considering the satisfactory services of the petitioner regularised his services on the post of LDC (Data Entry Operator). The petitioner is aggrieved by not giving him appointment on the post of Computer Operator. 3. Counsel for the petitioner submits that from the very beginning, the petitioner was performing work and duties of Computer Operator whereas the respondent has wrongly regularised his service on the post of LDC (Data Entry Operator). Therefore, prayed for allowing this writ petition. 4. Counsel for the respondent opposed the submissions made by counsel for the petitioner. [2026:RJ-JP:23858] (3 of 3) [CW-292/2003] 5. I have considered the submissions made by counsel for the parties and perused the material available on record. 6. The Hon’ble Supreme Court in the matter of ‘State of Maharashtra and Ors. Vs. Anita and Ors.’, reported in 2016 (8) SCC 293, in para no.15, held as under:- “The above terms of the agreement further reiterate the stand of the State that the appointments were purely contractual and that the Respondents shall not be entitled to claim any right or interest of permanent service in the government. The appointments of Respondents were made initially for eleven months but were renewed twice and after serving the maximum contractual period, the services of the Respondents came to an end and the Government initiated a fresh process of selection. Conditions of Respondents' engagement is governed by the terms of agreement. After having accepted contractual appointment, the Respondents are estopped from challenging the terms of their appointment. Furthermore, Respondents are not precluded from applying for the said posts afresh subject to the satisfaction of other eligibility criteria. 7. It is settled position of law that the services of an employee is governed by the terms and conditions of appointment order. Once the petitioner has accepted the appointment order with open eyes, in my considered view, he is estopped to challenge the terms and conditions of the appointment order and the petitioner cannot take advantage of his own wrong. Service of the petitioner was regularised in the year 1996 and he filed the writ petition in the year 2003 although he has made representations to the department for redressal of his grievance. 8. In view of the above discussion, there is no merit in the writ petition. Hence, the same is dismissed. (INDERJEET SINGH),J 18/TUSHAR/741