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2019 Supreme(Raj) 464

ALOK SHARMA
Mukesh Kumar Sharma – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vigyan Shah, Advocate
For the Interveners : Mr. Y.S. Jadaun, Mr. Akshit Gupta, Mr. Namo Narayan Sharma, Mr. Banwari Sharma, Mr. G.S. Gouttam, Ms. Suman Sharma, Mr. Manish Kumar Sharma, Mr. Raj Kumar Goyal, Mr. Kamlesh Sharma, Mr. Rajaram Cahudhary, Mr. Pukhraj Chawla, Mr. Pradeep Kalwania, GC, Mr. Shantanu Kumawat on behalf of Dr. Ganesh Parihar, AAG.
For the Respondent:Mr. Rajendra Prasad Senior Advocate with Mr. R.D. Meena, Advocate

JUDGMENT :

1. These petitions raising a common issue of law do not entail any adjudication of disputed question of facts, and therefore are being addressed and decided by this common judgment. SBCWP No. 2322/2019, Mukesh Kumar Sharma & Others v. State of Rajasthan and others, will be adverted to as the lead case for referring to the underlying facts, where necessary.

2. The petitioners are all clerks Grade-II under the Rajasthan Panchayati Raj Establishments under Zila Parishads and holders of ministerial subordinate posts in the Panchayat Samitis and Zila Parishads under the Rajasthan Panchayati Raj Rules, 1996 (hereafter `the Rules of 1996).

3. Section 78 of the Rajasthan Panchayati Raj Act, 1994 (hereafter the Act of 1994) speaks of appointment of Secretary and other staff. Clause (a) of sub-section 1 thereof provides that there shall be for every Panchayat a Secretary, who shall be appointed in the prescribed manner. Clause (b) thereof provides that every Panchayat may with the previous approval of the Panchayat Samiti appoint such other staff as may be necessary for carrying out the duties imposed on it by or under this Act on such conditions of service as may be prescribed.

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