RAJESH YADAV AND ANOTHER Vs. LAXMI NARAYAN SHARMA
LAWS(RAJ)-2016-7-1
HIGH COURT OF RAJASTHAN
Decided on July 08,2016

Rajesh Yadav And Another Appellant
VERSUS
Laxmi Narayan Sharma Respondents

JUDGEMENT

- (1.) Although matter has come up on application filed by the respondent for vacation of the ex parte order passed by this Court dated 18 -12 -2015 but with consent of the parties we have heard the parties on merits.
(2.) The facts on record manifests that initially S.B. Civil Writ Petition No.4333/2014 came to be filed by the respondent and it was prayed that he is entitled to seek regularisation of his service on the post of Conductor from the date he completed 180 days of service and further entitled for regular pay -scale, annual grade increments, revised pay -scale and consequential benefits to which he was entitled for under the law and the writ petition at the motion stage without calling upon the respondents came to be disposed of by the learned Single Judge vide order dated 22 -5 -2014 and observed/directed as under : - "Having regard to the facts of the case afore -stated, the writ petition is disposed of requiring the petitioner to approach the respondent no.1, who shall examine the case of the petitioner for regularisation in the light of judgment of the Supreme Court in Secretary State of Karnataka v. Uma Devi, supra, and the Rajasthan Class -IV Service (Recruitment and other Service Conditions) (Amendment) Rules, 2009. While doing so, the respondents may not construe the reinstatement of the petitioner pursuant to order/award of the Industrial Tribunal, to be the intervention of the order of the court or the Tribunal as referred in Para 53 of the judgment in Secretary State of Karnataka v. Uma Devi, supra, as was final adjudication made on the application of the petitioner under Section 33A of the Act. Appropriate order on representation of the petitioner may be passed within three months. The writ petition accordingly stands disposed of."
(3.) The petitioner was directed to submit a representation which was to be examined by the competent authority of the Corporation in the light of the observations made by the learned Single Judge, referred to supra. Indisputably the representation was submitted by the respondent and the competent authority of the Corporation in its wisdom looked into the matter and disposed of the representation assigning reasons vide order dated 17 -9 -2015.;


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