- (1.) THE judgment and order dated 21.10.2013 passed in S.B. Civil Writ Petition No. 11048/2013 dismissing the appellant -writ -petitioner's challenge to the order dated 19.12.2011 passed by the Director, Social Justice and Empowerment Department, Government of Rajasthan, Jaipur constitutes the subject matter of scrutiny in the instant appeal.
(2.) WE have heard Mr. Anil Kaviraj, learned counsel for the appellant -writ -petitioner. Briefly stated the facts relevant are that according to the appellant -writ -petitioner, he was appointed as a Cook with the above referred Department in the year 1996 on a daily wage basis and has continued as such since then and has been rendering satisfactory services. As inspite of his blemish less and uninterrupted services over the years he was not regularized, he approached this Court with S.B. Civil Writ Petition No. 2983/2004 which was disposed of on 2.8.2004 with the direction to the respondents therein to consider his case for regularization as per the scheme of the department concerned. He again returned to this Court with S.B. Civil Writ Petition No. 3635/2011 with the grievance that his case had not still been considered. On this, by the order dated 27.4.2011, this Court directed the respondents therein to consider his case for regularization in accordance with the directions issued by the Hon'ble Apex Court in Secretary, State of Karnataka V/s. Uma Devi and ors. ( : 2006 SCC(4) 1) as well as the relevant Rules through the screening committee. As inspite thereof the respondents were found to be lukewarm in the matter, the appellant -writ -petitioner instituted S.B. Civil Contempt Petition No. 430/2011.
(3.) IN the reply filed therein, the respondents arrayed in the said proceedings referred to the order dated 19.12.2011 passed by the Director, Social Justice and Empowerment Department, Government of Rajasthan, Jaipur to the effect that following consideration of his case, he could not be regularized as he was not found to be eligible in terms of the norms prescribed therefor and further, not only he had not been appointed against the sanctioned post, there was no such post to accommodate him. Contending that this decision was incompatible with the letter and spirit of the directions contained in the judgment and order dated 27.4.2011 passed in S.B. Civil Writ Petition No. 3635/2011, the appellant -writ -petitioner sought the annulment thereof and also prayed for a direction for regularization of his services. By the impugned judgment and order, to reiterate, the reliefs prayed for have been declined.;