SHARMA, J. - (1.) THE applicant approached this Court with the prayer to direct the respondents to give employment to the applicant in any of the department of the State Government or in the Public Undertaking.
(2.) THE applicant is the employee of the Rajasthan State Agro Industries Corporation Limited which is ordered to be wound up by the Court but that winding up order had not been given effect to. On the company being would up all employees of the company were being absorved by giving them alternative employment. It is the case of the applicant that all other employees of the corporation have since been accommodated on alternative jobs but the applicant has not been absorved in any of the departments though his name was sent for absorption on more than 12 occasions. I have heard learned counsel for the parties and scanned the material on record. It appears that on July 23, 1992 a meeting was held wherein it was decided to form a committee to work out modalities of absorption/re-employment of surplus employees in public enterprises. In the light of the decision taken in the meeting, 16 employees were absorved in Jodhpur Vidyut Vitran Nigam Ltd. vide order dated September 14, 2000 and one person was absorved in Rajasthan State Women Commission vide order dated April 13, 2001. The services of the applicant along with B. S. Rathore, B. S. Khinchi and S. S. Bhati were terminated under Section 445 (3) of the Companies Act on November 30, 2000 but leaving the applicant, the respondent State of Rajasthan provided employment to B. S. Rathore, B. S. Khinchi and S. S. Bhati. In my opinion, the act of State Government in not providing employment to the applicant is discriminately and violative of Article 14 and 21 of the Constitution of India. For these reasons, I allow the application and direct Chief Secretary, State of Rajasthan to provide employment to the applicant in any of the department of the State Government or in the Public Undertaking. The respondent State shall ensure compliance of this order within three months from the date of receipt of the copy of this order. . ;