- (1.) The prayer in the present petition is for directing the respondents to allow the petitioners to join their duty on the post of Safai Employees in Nagar Parishad, Sirohi from the date the other similarly situated persons have been given appointment with all consequential benefits. The facts in short are that on 25.5.2012, the respondents issued an advertisement for recruitment on the post of Safai Employees under Rajasthan Municipalities (Safai Employees Service), Rules, 2012. The petitioners submitted their application forms along with all requisite documents. On 3.5.2013 after the issuance of the advertisement, new guidelines were issued by the respondents for appointment to the post of Safai Employees. As per the guidelines/instructions dated 3.5.2013, no person, whose one family member is already in the service of the Municipal Council and who is not having experience of two years as Safai Employees, shall be given appointment. The petitioners' name found mention in the select list. Vide order dated 22.1.2014, the Commissioner, Nagar Parishad, Sirohi issued the select-list of the various candidates for Nagar Parishad, Sirohi. The name of petitioner No. 1 stood at Serial No. 38. The name of petitioner No. 2 stood at Serial No. 9 and the name of petitioner No. 3 at Serial No. 40. As per the aforesaid order, the petitioners were required to join their duties within a period of 15 days. The selected candidates were also required to submit affidavit with respect to the above conditions. The petitioners duly complied with the same. However, the petitioners were not allowed to join duties and were told verbally that they are not having certain requisite eligibility according to the guidelines dated 3.5.2013. Reply has been filed.
(2.) As per the reply Vikram Kumar i.e. petitioner No. 2 was not found eligible by the Enquiry Committee on the ground that his father was working under employment of Municipal Council, Sirohi on the post of driver. With respect to petitioner No. 2 i.e. Tarun Kumar, it is stated that Enquiry Committee found him also ineligible as his father was already in the service on the post of Safai Employee in Municipal Council, Sirohi. Thus, they were refused appointment on the said ground.
(3.) Learned counsel for the petitioners states that after checking documents etc., petitioner No. 1 has been granted appointment. Hence, the present petition qua petitioner No. 1 is rendered infructuous and survives only qua petitioners No. 2 & 3. Learned counsel for the parties were heard at length.;