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2022 Supreme(Raj) 966

KULDEEP MATHUR
Kanhiya Lal Nai – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Ajeet Singh, Advocate., for the Petitioner
Mr. Manish Tak, Advocate., for the Respondent

JUDGMENT

1. Briefly stated facts of the case are that the petitioner was appointed as 'Gate Keeper' vide order dated 05.08.1981 in Panchayat Samiti, Lunkaransar on temporary basis. The petitioner joined services on 14.08.1981 which were extended from time to time. In the year 1992, a resolution was adopted in the meeting of Panchyat Samiti, Lunkaransar dated 23.10.1992 whereby the petitioner was appointed on the post of 'Octroi Collector'.

2. After abolishment of octroi in the State of Rajasthan, the Chief Executive Officer, Zila parishad, Bikaner enquired about the status of employees working at Gram Panchayat, Lunkaransar providing services related to octroi collection and consequently, had been rendered surplus. The Gram Panchayat, Lunkaransar furnished necessary details pertaining to all the employees who had been rendered surplus to the Zila Parishad, Bikaner.

3. An order dated 06.08.1998, was passed by the State Government stating inter alia that the employees who were working in connection with collection and management of octroi shall not be retrenched from services. Subsequently, the petitioner continued in the employment of Gram Panchayat, Lunkaransar uninterruptedly from th

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